The obligation resulting from the Oath of Supremacy to assist and defend the pre-eminence or prerogative of the dispensative power belonging to the King, his heirs and successors. In the asserting of that power various historical passages occurring in the usurpation after the year 1641. are occasionally mentioned; and an account is given at large of the progress of the power of dispensing as to acts of Parliament about religion since the reformation; and of divers judgments of Parliaments declaring their approbation of the exercise of such power, and particularly in what concerns the punishment of disability, or incapacity.
         Pett, Peter, Sir, 1630-1699.
      
       
         
           1687
        
      
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             The obligation resulting from the Oath of Supremacy to assist and defend the pre-eminence or prerogative of the dispensative power belonging to the King, his heirs and successors. In the asserting of that power various historical passages occurring in the usurpation after the year 1641. are occasionally mentioned; and an account is given at large of the progress of the power of dispensing as to acts of Parliament about religion since the reformation; and of divers judgments of Parliaments declaring their approbation of the exercise of such power, and particularly in what concerns the punishment of disability, or incapacity.
             Pett, Peter, Sir, 1630-1699.
          
           [4], 32, [2], 37 [i.e. 33]-144, [1] p.
           
             printed for Thomas Dring at the Harrow at Chancery-Lane End in Fleetstreet, William Crook at the Green Dragon without Temple-Bar, and William Rogers at the Sun over against St. Dunstan's Church in Fleet-street,
             London :
             1687.
          
           
             Dedication signed: P.P. [i.e. Peter Pett].
             Page 33 misnumbered 37; numerous errors in pagination.
             Reproduction of the original in the British Library.
          
        
      
    
     
       
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         eng
      
       
         
           Oaths -- England -- Early works to 1800.
           Church and state -- Church of England -- Early works to 1800.
           Divine right of kings -- Early works to 1800.
        
      
    
     
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           THE
           OBLIGATION
           Resulting
           from
           the
           OATH
           of
           SUPREMACY
           ,
           To
           Assist
           and
           Defend
           the
           Pre-eminence
           or
           Prerogative
           OF
           THE
           Dispensative
           Power
           BELONGING
           To
           the
           KING
           ,
           his
           Heirs
           and
           Successors
           .
           In
           the
           asserting
           of
           that
           Power
           various
           Historical
           Passages
           occurring
           in
           the
           Usurpation
           after
           the
           Year
           1641.
           are
           occasionally
           mentioned
           ;
           And
           an
           Account
           is
           given
           at
           large
           of
           the
           Progress
           of
           the
           Power
           of
           Dispensing
           as
           to
           Acts
           of
           Parliament
           about
           Religion
           since
           the
           Reformation
           ;
           and
           of
           divers
           Judgments
           of
           Parliaments
           declaring
           their
           Approbation
           of
           the
           Exercise
           of
           such
           Power
           ,
           and
           particularly
           in
           what
           concerns
           the
           Punishment
           of
           Disability
           ,
           or
           Incapacity
           .
        
         
           
             
               Princes
               are
               Supreme
               over
               Persons
               ,
               not
               over
               Things
               .
            
          
           
             
               This
               is
               the
               Supreme
               Power
               of
               Princes
               which
               we
               teach
               ,
               that
               they
               be
               Gods
               Ministers
               in
               their
               own
               Dominions
               ,
               bearing
               the
               Sword
               ,
               and
               freely
               to
               permit
               and
               publickly
               to
               Defend
               that
               which
               God
               commandeth
               in
               Faith
               and
               good
               Manners
               ,
            
             &c.
             
          
           
             
               Princes
               may
               Command
               the
               Bodies
               of
               all
               their
               Subjects
               in
               time
               both
               of
               War
               and
               Peace
               ,
            
             &c.
             
          
           
             
               Out
               of
               all
               Question
               where
               Princes
               may
               by
               God's
               Law
               Command
               ,
               all
               Men
               must
               obey
               them
               ,
            
             &c.
             
          
           
             
               The
               Prince
               may
               discharge
               the
               Servant
               ,
               but
               no
               Man
               can
               discharge
               the
               Subject
               .
            
          
           
             
               The
               Word
               of
               God
               teacheth
               you
               to
               obey
               Princes
               ;
               the
               words
               of
               men
               cannot
               loose
               you
               .
            
          
           
             BISHOP
             BILSON
             of
             the
             SUPREMACY
             .
          
        
         
           LONDON
           ,
           Printed
           for
           
             Thomas
             Dring
          
           at
           the
           Harrow
           at
           
             Chancery-Lane
             End
          
           in
           
             Fleetstreet
             ,
             William
             Crook
          
           at
           the
           
             Green
             Dragon
          
           without
           Temple-Bar
           ,
           and
           
             William
             Rogers
          
           at
           the
           Sun
           over
           against
           St.
           
           Dunstan's
           Church
           in
           Fleet-street
           ,
           1687.
           
        
      
       
         
         
         
           To
           the
           Right
           Honorable
           
             JOHN
             Earl
             of
             MELFORT
          
           ,
           Viscount
           of
           Forth
           ,
           Lord
           Drummond
           of
           Rickartone
           ,
           &c.
           
           His
           Majesty's
           Principal
           Secretary
           of
           State
           for
           the
           Kingdom
           of
           Scotland
           ,
           and
           one
           of
           His
           Majesty's
           most
           Honorable
           Privy
           Council
           in
           both
           Kingdoms
           of
           England
           and
           Scotland
           ,
           &c.
           
        
         
           
             MY
             LORD
             ,
          
        
         
           AS
           the
           Historian
           hath
           told
           us
           of
           Ireland
           ,
           that
           long
           ago
           while
           the
           Arts
           and
           Sciences
           were
           generally
           banish'd
           from
           the
           Christian
           World
           they
           were
           enthroned
           in
           Ireland
           ,
           and
           that
           Men
           were
           sent
           thither
           from
           other
           Parts
           of
           Christendom
           to
           be
           improved
           in
           Learning
           ;
           so
           I
           have
           elsewhere
           observ'd
           that
           in
           some
           late
           Conjunctures
           (
           and
           particularly
           during
           the
           turbid
           Interval
           of
           the
           Exclusion
           )
           men
           might
           well
           be
           sent
           to
           Scotland
           to
           learn
           Loyalty
           .
        
         
           And
           I
           having
           taken
           occasion
           in
           the
           first
           Part
           of
           this
           Discourse
           to
           shew
           my self
           a
           just
           honourer
           of
           that
           Country
           ,
           and
           (
           as
           I
           may
           say
           )
           somewhat
           like
           a
           Benefactor
           to
           it
           by
           sending
           thither
           the
           notices
           of
           some
           pass'd
           great
           Transactions
           that
           might
           possibly
           there
           give
           more
           light
           and
           life
           to
           the
           Moral
           Offices
           of
           Natural
           Allegiance
           or
           Obedience
           ,
           did
           hold
           my self
           obliged
           in
           Common
           Justice
           to
           address
           this
           Part
           of
           my
           Work
           to
           your
           Lordship
           .
           For
           as
           your
           Station
           here
           qualifies
           you
           beyond
           other
           Subjects
           to
           receive
           what
           Tribute
           is
           offer'd
           to
           your
           Country
           ,
           so
           your
           handing
           it
           thither
           will
           necessarily
           make
           it
           there
           the
           more
           acceptable
           .
        
         
           And
           when
           I
           consider
           with
           what
           an
           incomparable
           Tenderness
           for
           the
           Monarchy
           and
           its
           Rights
           so
           many
           of
           the
           Statutes
           of
           Scotland
           since
           the
           Year
           1660.
           have
           been
           adorn'd
           ,
           I
           am
           apt
           to
           think
           that
           any
           matter
           of
           Presidents
           or
           Records
           by
           me
           recover'd
           out
           of
           the
           Sea
           of
           time
           where
           they
           lay
           so
           long
           useless
           and
           neglected
           ,
           and
           now
           happening
           to
           be
           serviceable
           
           to
           those
           Moral
           Offices
           before-mention'd
           ,
           would
           by
           the
           so
           many
           in
           that
           Kingdom
           devoted
           to
           consummate
           Obedience
           and
           Loyalty
           ,
           be
           more
           valued
           then
           if
           I
           could
           have
           imported
           into
           that
           Realm
           another
           such
           Treasure
           as
           that
           which
           lay
           so
           long
           buried
           in
           the
           Ocean
           near
           the
           
             Bahama
             Islands
          
           ,
           and
           that
           whoever
           Contributed
           to
           your
           Loyal
           Country
           any
           Substantial
           Notions
           that
           might
           enrich
           it
           in
           the
           discharge
           of
           the
           Duties
           of
           the
           born
           and
           sworn
           Allegiance
           ,
           would
           be
           esteem'd
           there
           as
           some
           way
           sharing
           in
           the
           honour
           of
           Arauna
           ,
           in
           
             giving
             like
             a
             King
             to
             a
             King.
             
          
        
         
           Long
           may
           your
           great
           Master
           live
           happy
           in
           the
           Enjoyment
           of
           the
           faithful
           Services
           of
           so
           vigilant
           a
           Minister
           as
           your
           Lordship
           ,
           who
           by
           the
           universality
           of
           your
           Knowledge
           accompany'd
           with
           universal
           Charity
           for
           all
           Mankind
           ,
           have
           appear'd
           to
           be
           born
           ,
           as
           I
           may
           say
           ,
           for
           the
           time
           of
           his
           most
           glorious
           Reign
           ,
           the
           time
           chosen
           by
           Heaven
           for
           Mercies
           Triumph
           on
           Earth
           .
        
         
           Nothing
           vulgar
           was
           to
           be
           expected
           from
           a
           Person
           of
           your
           Lordship's
           extraordinary
           intellectual
           and
           moral
           Endowments
           ,
           and
           in
           whom
           the
           Loyalty
           and
           other
           Virtues
           of
           your
           many
           noble
           Ancestors
           have
           (
           as
           it
           were
           )
           lived
           extraduce
           .
           And
           the
           World
           would
           be
           unjust
           to
           you
           if
           it
           acknowledged
           not
           its
           great
           Expectation
           answer'd
           by
           your
           greater
           Performances
           ,
           and
           particularly
           by
           your
           having
           been
           so
           eminently
           Ministerial
           in
           the
           Easing
           both
           the
           Cares
           of
           your
           Prince
           ,
           and
           of
           all
           his
           Subjects
           too
           by
           the
           Figure
           you
           have
           made
           in
           promoting
           the
           Ease
           of
           his
           People's
           Consciences
           ,
           and
           in
           further
           ennobling
           and
           endearing
           the
           Name
           of
           DRUMMOND
           by
           your
           Lordship's
           Prosecuting
           that
           by
           the
           Bravery
           of
           Action
           ,
           which
           the
           HISTORIAN
           of
           that
           your
           Name
           did
           by
           Words
           ,
           when
           he
           transmitted
           to
           Posterity
           the
           most
           Christian
           and
           Statesman-like
           Speech
           of
           Liberty
           of
           Conscience
           ,
           I
           know
           extant
           ,
           and
           as
           spoke
           by
           a
           Roman-Catholick
           Councellor
           in
           Scotland
           to
           King
           Iames
           the
           Fifth
           .
        
         
           I
           most
           humbly
           kiss
           your
           Lordship's
           Hands
           ,
           and
           am
           ,
        
         
           
             My
             Lord
             ,
          
           
             Your
             Lordships
             most
             Obedient
             Servant
             ,
             P.
             P.
             
          
        
      
    
     
       
         
         
           THE
           OBLIGATION
           Resulting
           from
           the
           
             Oath
             of
             Supremacy
          
           .
           To
           Assist
           and
           Defend
           the
           Pre-eminence
           or
           Prerogative
           OF
           THE
           Dispensative
           Power
           ,
           Belonging
           to
           the
           KING
           ,
           his
           Heirs
           ,
           and
           Successors
           ,
           &c.
           
        
         
           PART
           I
           :
        
         
           
             A.
             
          
           
             IN
             this
             Kingdom
             of
             England
             ,
             so
             naturally
             of
             old
             addicted
             to
             Religion
             and
             vehemence
             in
             it
             ,
             as
             to
             give
             a
             Bishop
             of
             Rome
             cause
             to
             complain
             ,
             he
             had
             more
             trouble
             given
             him
             by
             Applications
             from
             England
             about
             it
             ,
             then
             from
             all
             the
             World
             beside
             ;
             and
             afterward
             to
             make
             Geneva
             wonder
             at
             the
             Sabbatarians
             here
             exceeding
             the
             Iewish
             strictness
             ;
             and
             to
             cause
             Barclay
             in
             his
             Eupho●…mio
             to
             say
             of
             the
             English
             ,
             
               Nec
               quicqúam
               in
               numinis
               cultu
               modicum
               possunt
               ,
            
             and
             that
             our
             several
             Sects
             thought
             
               unos
               se
               Coelestium
               rerum
               participes
               ,
               exortes
               coeteros
               omnes
               esse
               :
            
             did
             you
             ever
             observe
             ,
             hear
             or
             read
             of
             the
             style
             of
             
               Tenderness
               of
               Conscience
            
             so
             much
             used
             as
             in
             the
             year
             41.
             and
             sometime
             afterward
             ?
          
        
         
           
             B.
             
          
           
             I
             have
             not
             .
             From
             the
             Date
             of
             King
             Charles
             the
             First
             's
             
               Declaration
               to
               all
               His
               loving
               Subjects
            
             about
             that
             time
             ,
             wherein
             he
             speaks
             of
             his
             Care
             for
             
               Exemption
               of
               Tender
               Consciences
            
             ,
             till
             the
             Date
             of
             King
             Charles
             the
             Second's
             Declaration
             from
             Breda
             ,
             wherein
             the
             Liberty
             of
             
               Tender
               Consciences
            
             is
             Provided
             for
             ,
             the
             clause
             of
             easing
             Tender
             Consciences
             ran
             through
             the
             Messages
             ,
             Addresses
             ,
             and
             Answers
             that
             passed
             between
             King
             and
             Parliament
             almost
             as
             much
             as
             the
             Clause
             of
             
               proponentibus
               legatis
            
             did
             run
             through
             the
             Councel
             of
             Trent
             .
          
        
         
           
             A.
             
          
           
             But
             were
             not
             their
             Consciences
             extremely
             erroneous
             who
             thought
             themselves
             bound
             then
             to
             advance
             Religion
             by
             War
             ?
          
        
         
           
             B.
             
          
           
             A●…
             ,
             and
             by
             a
             Civil
             War
             (
             as
             you
             might
             have
             added
             )
             against
             a
             Prince
             of
             the
             tenderest
             Conscience
             imaginable
             :
             for
             that
             Character
             he
             had
             from
             an
             
             Arch-bishop
             in
             his
             Speech
             in
             the
             Parliament
             of
             40
             who
             said
             ,
             
               Our
               Sovereign
               is
               ,
               I
               will
               not
               say
               above
               other
               Princes
               ,
               but
               above
               all
               Christian
               men
               that
               ever
               I
               knew
               or
               heard
               of
               ,
               a
               man
               of
               most
               upright
               ,
               dainty
               ,
               and
               scrupulous
               Conscience
               ,
               and
               afraid
               to
               look
               upon
               some
               Actions
               ,
               which
               other
               Princes
               abroad
               do
               usually
               swallow
               ?
            
             and
             he
             might
             have
             added
             ,
             a
             Prince
             the
             real
             Tenderness
             of
             who●…e
             Conscience
             had
             so
             often
             favour'd
             the
             nominal
             tenderness
             of
             others
             ,
             who
             instead
             of
             being
             
               Tender-hearted
               Christians
            
             ,
             were
             
               Stiff-necked
               Iews
            
             ;
             and
             who
             might
             justly
             apprehend
             that
             it
             was
             only
             
               duritia
               cordis
            
             ,
             instead
             of
             Tenderness
             of
             Conscience
             he
             dispens'd
             with
             ,
             and
             as
             when
             God
             dispens'd
             with
             the
             Iews
             in
             Polygamy
             .
          
           
             For
             since
             Tenderness
             of
             Conscience
             doth
             necessarily
             render
             a
             man
             abstemious
             from
             things
             lawful
             ,
             and
             to
             be
             of
             a
             gentle
             submissive
             temper
             not
             only
             to
             his
             Equals
             ,
             but
             Inferiors
             ,
             and
             to
             be
             merciful
             even
             to
             brute
             Creatures
             ,
             and
             not
             only
             averse
             from
             suing
             any
             one
             about
             Penal
             Lawes
             ,
             but
             ready
             to
             remit
             somewhat
             of
             his
             Right
             rather
             then
             to
             go
             to
             Law
             with
             a
             Stranger
             ,
             and
             much
             less
             with
             ones
             Father
             ;
             the
             
               Pater
               Patrioe
            
             seeing
             any
             men
             outraging
             the
             Lawes
             ,
             and
             the
             quiet
             of
             the
             whole
             Realm
             by
             that
             wilde
             brutish
             thing
             call'd
             War
             ,
             (
             for
             
               ferinum
               quiddam
               bellum
               est
            
             )
             might
             well
             judge
             them
             utterly
             devoid
             of
             all
             Tenderness
             of
             Conscience
             .
             I
             shall
             therefore
             frankly
             tell
             you
             ,
             that
             no
             doubt
             but
             their
             Consciences
             were
             extremely
             erroneous
             ,
             or
             rather
             sea●…ed
             .
          
           
             Our
             great
             Writer
             of
             Conscience
             ,
             Bishop
             Sanderson
             in
             his
             Sermon
             on
             Rom.
             14.
             13.
             discussing
             the
             Causes
             from
             which
             mens
             doubtfulness
             of
             mind
             may
             spring
             ,
             and
             saying
             that
             
               sometimes
               it
               proceeds
               from
               Tenderness
               of
               Conscience
               ,
               which
               yet
               is
               indeed
               a
               very
               blessed
               and
               a
               gracious
               thing
               ,
            
             doth
             very
             well
             add
             ,
             
               but
               yet
               (
               as
               tender
               things
               may
               sooner
               miscarry
               )
               very
               obnoxious
               through
               Satan's
               diligence
               and
               subtlety
               to
               be
               wrought
               upon
               to
               dangerous
               inconveniences
               .
            
          
           
             And
             if
             we
             Consider
             that
             a
             Civil
             War
             cannot
             be
             lawful
             on
             both
             Sides
             ,
             however
             a
             foreign
             one
             may
             ,
             we
             may
             well
             account
             that
             any
             deluded
             melancholy
             People
             who
             were
             tempted
             to
             raise
             a
             Civil
             War
             out
             of
             a
             blind
             Zeal
             for
             Religion
             ,
             and
             to
             assault
             the
             Thirteenth
             of
             the
             Romans
             out
             of
             the
             Apocalypse
             ,
             had
             hard
             Spleens
             instead
             of
             tender
             Consciences
             ,
             and
             that
             they
             have
             soft
             Heads
             instead
             of
             tender
             Hearts
             ,
             who
             try
             to
             make
             Religion
             a
             gainer
             by
             War.
             
          
           
             But
             indeed
             the
             Project
             of
             planting
             Religion
             and
             Propagating
             the
             Church
             by
             War
             ,
             that
             is
             described
             to
             be
             
               Status
               humanoe
               Societatis
               dissolutoe
            
             ,
             and
             that
             so
             presently
             opens
             to
             all
             mens
             view
             the
             horrid
             Scene
             of
             
               Contempta
               Religio
               ,
               Rapta
               profana
               ,
               Sacra
               profanata
               ,
            
             is
             so
             vain
             ,
             that
             the
             old
             Proverbial
             Impiety
             of
             such
             who
             did
             
               castra
               sequi
            
             how
             victorious
             soever
             ,
             hath
             naturally
             help'd
             to
             make
             Conquering
             Nations
             embrace
             the
             very
             Religion
             of
             the
             Conquered
             ;
             a
             thing
             exemplify'd
             in
             the
             Conquests
             of
             the
             Danes
             and
             Sa●…ns
             in
             England
             ,
             of
             the
             Gothes
             in
             Italy
             and
             France
             ,
             and
             Spain
             ,
             and
             of
             the
             Moors
             in
             Spain
             ,
             and
             in
             the
             Turks
             having
             overcome
             the
             Saracens
             ,
             embracing
             the
             Saracens
             Religion
             .
          
           
             And
             the
             Vanity
             of
             Reforming
             the
             World
             by
             War
             ,
             that
             Profound
             and
             Conscientious
             Statesman
             Cardinal
             D'Ossat
             in
             his
             Third
             Book
             ,
             86th
             Letter
             and
             to
             Villeroy
             ,
             A.
             1597.
             hath
             well
             taught
             us
             ,
             and
             where
             he
             mentions
             how
             he
             urged
             to
             the
             Pope
             the
             reasonableness
             of
             Harry
             the
             4th's
             ,
             so
             religiously
             observing
             the
             great
             Edict
             of
             
               Pacification
               ,
               and
               that
               the
               many
               Wars
               made
               again
               and
               again
               by
               Hereticks
               ,
               serv'd
               for
               nothing
               but
               in
               many
               places
               to
               abolish
               the
               Catholick
               Religion
               ,
               and
               in
               a
               manner
               all
               Ecclesiastical
               Discipline
               ,
               Iustice
               ,
               and
               Order
               ,
               and
               to
               introduce
               Atheism
               with
               the
               Sequel
               of
               all
               sorts
               of
               Sacrileges
               ,
               Parricides
               ,
               Rapes
               ,
               Treasons
               and
               Cruelties
               ,
               and
               other
               sorts
               of
               wickedness
               ,
            
             &c.
             and
             afterward
             that
             on
             
               the
               making
               War
               ,
               all
               the
               Malecontents
               ,
               all
            
             
             
               People
               indebted
               and
               ne●…ssitous
               ,
               all
               Debauchees
               ,
               and
               Vagabonds
               ,
               all
               Thieves
               and
               other
               Criminals
               ,
               whose
               Lives
               were
               become
               forfeited
               to
               the
               Law
               ,
               of
               what
               Religion
               or
               Opinion
               soever
               they
               were
               ,
               were
               wont
               to
               joyn
               with
               the
               Hugonots
               ,
               and
               did
               more
               harm
               to
               the
               Church
               ,
               and
               Religion
               ,
               and
               good
               manners
               in
               one
               day
               of
               War
               ,
               then
               they
               could
               in
               a
               hundred
               days
               of
               Peace
               .
            
          
           
             Thus
             ●…e
             who
             
               ●…its
               in
               the
               Heavens
            
             had
             them
             here
             
               in
               derision
            
             ,
             while
             they
             in
             effect
             thus
             presumed
             to
             transprose
             Scripture
             ,
             and
             to
             say
             
               Glory
               to
               God
               in
               the
               highest
               ,
               and
               on
               Earth
            
             War
             ,
             and
             ill
             will
             
               towards
               men
            
             ;
             and
             while
             according
             to
             that
             Saying
             in
             Arch-bishop
             
             L●…d's
             famous
             Star-Chamber-Speech
             ,
             viz.
             
               No
               Nation
               hath
               ever
               appear'd
               more
               jealous
               of
               Religion
               then
               the
               People
               of
            
             England
             
               have
               ever
               been
            
             ,
             they
             were
             under
             such
             Transports
             of
             misguided
             Zeal
             ,
             as
             to
             adore
             that
             their
             jealousie
             ,
             and
             to
             offer
             Sacrifices
             to
             it
             with
             as
             much
             Contempt
             of
             Heaven
             and
             Cruelty
             to
             Mankind
             ,
             as
             ever
             were
             offer'd
             to
             
               the
               image
               of
               Iealousie
            
             referr'd
             to
             by
             Ezekiel
             ;
             and
             to
             which
             the
             tenderest
             of
             their
             Relations
             were
             not
             thought
             too
             costly
             Victims
             :
             and
             to
             which
             their
             truly
             Tender-Conscienced
             King
             ,
             who
             like
             Moses
             with
             
               Tenderness
               carried
               them
               in
               his
               Bosome
               as
               a
               Nursing-Father
               beareth
               the
               sucking
               Child
               ,
            
             and
             who
             sometimes
             out
             of
             Tenderness
             to
             several
             of
             his
             Complaining
             Children
             Sacrificed
             the
             rigour
             of
             his
             Penal
             Lawes
             ,
             and
             to
             whom
             they
             should
             have
             been
             subject
             for
             that
             Tender
             thing
             Conscience
             sake
             ,
             was
             himself
             at
             last
             Sacrificed
             .
          
           
             How
             did
             that
             Pious
             Prince
             sometimes
             in
             relation
             to
             his
             Heterodox
             Protestant
             Subjects
             imitate
             the
             Father
             of
             the
             Prodigal
             ,
             who
             
               when
               his
               Son
               was
               yet
               afar
               off
               ,
               ran
               to
               meet
               him
               ,
               fell
               on
               his
               neck
               and
               kiss'd
               him
               ,
            
             a
             thing
             acknowledg'd
             by
             an
             Eminent
             learned
             Divine
             ,
             Mr.
             
               Iohn
               Ley
            
             in
             his
             Book
             call'd
             
               Defensive
               Doubts
               ,
               Hopes
               and
               Reasons
               ,
            
             Printed
             in
             the
             year
             1641.
             and
             where
             in
             p.
             123.
             urging
             the
             Bishops
             to
             procure
             the
             Revocation
             of
             a
             late
             Canon
             of
             the
             Church
             ,
             and
             having
             said
             
               wherein
               if
               they
               appear
               and
               prevail
               ,
               they
               need
               not
               fear
               any
               disparagement
               to
               their
               Prudence
               by
               withdrawing
               that
               they
               have
               decreed
               ,
               since
               the
               wisest
               Statesmen
               and
               greatest
               Governors
               have
               used
               many
               times
               to
               comply
               so
               far
               with
               popular
               Dispositions
               ,
               as
               to
               vary
               their
               own
               Acts
               with
               relation
               to
               their
               liking
               ,
               as
               the
               Pilot
               doth
               his
               Soils
               to
               comply
               with
               the
               wind
               ,
            
             he
             addeth
             ,
             
               And
               you
               cannot
               have
               a
               more
               authentic
               Example
               both
               to
               induce
               you
               to
               this
               ,
               and
               to
               defend
               you
               in
               it
               from
               all
               Imputations
               ,
               then
               that
               of
               our
               Sacred
               Sovereign
               ,
               who
               rather
               then
               he
               would
               give
               any
               Colour
               of
               Complaint
               for
               aggrievances
               to
               his
               People
               ,
            
             was
             pleas'd
             
               to
               DISPENSE
               with
               the
               five
               Articles
               of
            
             PERTH's
             
               Assembly
               ,
               and
               to
               discharge
               all
               Persons
               from
               urging
               the
               Practice
               thereof
               upon
               any
               either
               Laick
               or
               Ecclesiastical
               Person
               whatsoever
               ,
               and
               to
               free
               all
               his
               Subjects
               from
               all
               Censures
               and
               Pains
               whether
               Ecclesiastical
               or
               Secular
               ,
               for
               not
               urging
               ,
               practising
               ,
               and
               obeying
               any
               of
               them
               ,
               
                 tho
                 they
                 were
                 es●…ablish'd
                 both
                 by
                 a
                 General
                 Assembly
                 ,
                 and
                 by
                 Act
                 of
                 Parliament
                 .
              
               King
            
             Charles
             
               his
               large
               
                 Declaration
                 of
                 the
                 ●…umults
                 in
              
            
             Scotland
             ,
             p
             370.
             &
             p.
             389.
             
             
               And
               for
               his
               OWN
               Acts
               (
               for
               these
               Articles
               of
            
             Perth
             
               were
               propounded
               and
               ratify'd
               in
               the
               Reign
               of
               his
               Royal
               Father
               )
               he
               imposed
               the
               Service
               Book
               ,
               the
               Book
               of
               Canons
               ,
               and
               high
               Commission
               upon
               his
               Subjects
               in
            
             Scotland
             ,
             
               and
               upon
               their
               humble
               Supplication
               ,
               was
               content
               graciously
               to
               grant
               a
               Discharge
               from
               them
               :
               passing
               his
               Princely
               Promise
               that
               he
               would
               neither
               then
               nor
               afterwards
               press
               the
               Practice
               of
               them
               ,
               nor
               any
               thing
               of
               that
               nature
               ,
               but
               in
               such
               a
               fair
               and
               legal
               way
               ,
               as
               should
               satisfie
               all
               his
               loving
               Subjects
               .
               The
               Duplys
               of
               the
               Divines
               of
            
             Aberdene
             ,
             p.
             54.
             and
             p.
             130
             ,
             131.
             
             Whereupon
             Mr.
             Ley
             thus
             goes
             on
             ,
             
               viz.
               Wherein
               Wise
               men
               who
               judge
               of
               Consultations
               and
               Acts
               by
               their
               probable
               Effects
               ,
               and
               not
               unexpected
               Events
               ,
               cannot
               but
               highly
               commend
               His
               Majesty's
               Mildness
               and
               Clemency
               :
               which
               we
               doubt
               not
               would
               condescend
               to
               your
               Requests
               for
               a
               removal
               of
               this
               great
               aggrievance
               if
               you
               would
               please
               to
               interpose
               your
               Mediations
               to
               so
               acceptable
               a
               purpose
               ,
               and
               upon
               our
               humble
            
             
             
               sute
               ,
               which
               in
               all
               submissive
               manner
               we
               tender
               to
               your
               Lordship
               (
               and
               by
               you
               to
               the
               rest
               of
               your
               Reverend
               Order
               )
               we
               hope
               you
               will
               do
               so
               ,
               since
               we
               have
               it
               upon
               his
               word
               (
               His
               Royal
               Majesty's
               word
               ,
               which
               neither
               in
               Duty
               nor
               Discretion
               we
               may
               distrust
               )
               that
               the
               Prelates
               were
               their
               greatest
               Friends
               (
               i.
               e.
            
             of
             his
             Scottish
             Subjects
             )
             
               their
               Councels
               were
               always
               Councels
               of
               Peace
               ,
               and
               their
               Solicitations
               vehement
               and
               earnest
               for
               granting
               those
               unexpected
               Favours
               which
               we
               were
               pleas'd
               to
               bestow
               upon
               our
               People
               .
            
             The
             King
             's
             large
             Declaration
             ,
             p.
             420
          
           
             Thus
             then
             the
             Royal
             Dispensation
             with
             the
             five
             Articles
             of
             Perth
             was
             at
             the
             Intercession
             of
             the
             Bishops
             ,
             tho'
             they
             knew
             the
             same
             Establish'd
             by
             Act
             of
             Parliament
             ,
             graciously
             afforded
             to
             his
             Scotish
             Subjects
             .
          
           
             Those
             Articles
             of
             Perth
             related
             to
             various
             Religionary
             Matters
             ,
             viz
             The
             
               introducing
               of
               Private
               Baptism
               ,
               Communicating
               of
               the
               Sick
               ,
               Episcopal
               Confirmation
               ,
               Kneeling
               at
               the
               Communion
               ,
               and
               the
               observing
               such
               ancient
               Festivals
               as
               belong'd
               immediately
               to
               Christ
               :
            
             and
             of
             which
             Doctor
             Heylin
             in
             his
             
               History
               of
               the
               Presbyterians
            
             having
             spoken
             saith
             ,
             
               That
               the
               King
               's
               indulging
               the
            
             Scots
             
               in
               Dispensing
               with
               the
               Penal
               Laws
               about
               them
               ,
               was
               an
               Invitation
               to
               the
            
             Irish
             
               Papists
               to
               endeavour
               by
               armed
               force
               to
               Compass
               the
               King's
               Dispensation
               .
            
          
           
             But
             how
             tenderly
             the
             Consciences
             of
             the
             Roman
             Catholics
             in
             Ireland
             were
             in
             the
             Reign
             of
             the
             
               Royal
               Martyr
            
             THEN
             Protected
             under
             the
             Wing
             of
             the
             
               Dispensative
               Power
            
             ,
             contrary
             to
             what
             the
             Dr.
             observ'd
             ,
             any
             one
             may
             see
             who
             will
             Consult
             
               my
               Lord
               Primate
            
             Bramhal's
             
               Replication
               to
               the
               Bishop
               of
               Chalcedon
               ,
            
             where
             he
             saith
             ,
             That
             
               the
               Earl
               of
            
             Strafford
             
               Lord
               Lieutenant
               of
            
             Ireland
             
               did
               commit
               much
               to
               my
               hands
               the
               Political
               Regiment
               of
               that
               Church
               for
               the
               space
               of
               Eight
               years
               .
               In
               all
               that
               time
               let
               him
               name
               but
               one
               Roman
               Catholic
               that
               suffer'd
               either
               Death
               or
               Imprisonment
               ,
               or
               so
               much
               as
               a
               pecuniary
               Mulct
               of
               Twelve
               Pence
               for
               his
               Religion
               upon
               any
               Penal
               Statute
               ,
               if
               he
               can
               ,
               as
               I
               am
               sure
               he
               cannot
               ,
            
             &c.
             
          
           
             And
             such
             was
             the
             acquiescence
             of
             the
             Populace
             ,
             and
             of
             
               the
               three
               Estates
            
             in
             the
             Penal
             Lawes
             there
             against
             the
             
               Roman
               Catholics
            
             being
             thus
             dead
             or
             asleep
             ,
             that
             in
             the
             Printed
             
               Articles
               of
               Impeachment
               against
               the
               then
               Lord
               Chancellor
               of
            
             Ireland
             ,
             
               and
               that
               Lord
               Primate
               th●…n
               Bishop
               of
            
             Derry
             ,
             and
             others
             of
             His
             Majesty's
             Publick
             Ministers
             of
             State
             exhibited
             by
             the
             Commons
             to
             the
             Lords
             in
             the
             year
             1640.
             there
             is
             not
             a
             syllable
             of
             Complaint
             against
             those
             Lawes
             being
             so
             dispens'd
             with
             by
             Connivence
             .
          
           
             Nor
             yet
             in
             the
             Printed
             Schedule
             of
             Grievances
             of
             that
             Kingdom
             voted
             in
             the
             House
             of
             Lords
             there
             to
             be
             transmitted
             to
             the
             Committee
             of
             the
             same
             House
             ,
             then
             attending
             in
             England
             to
             pursue
             Redresses
             for
             the
             same
             ,
             is
             there
             any
             representation
             of
             such
             Indulgence
             being
             any
             Gravamen
             ,
             nor
             yet
             of
             the
             great
             Figure
             the
             Irish
             Papists
             then
             made
             in
             the
             Government
             ,
             the
             Majority
             of
             the
             Parliament
             ,
             and
             of
             the
             Iudges
             and
             Lawyers
             then
             being
             such
             .
          
           
             And
             pursuant
             to
             that
             Prince's
             Indulgence
             offer'd
             to
             the
             tender
             Consciences
             of
             his
             Subjects
             in
             the
             year
             41.
             he
             was
             graciously
             pleas'd
             in
             the
             Treaty
             at
             Uxbridg●…
             to
             order
             his
             Commissioners
             who
             were
             such
             renown'd
             Confessors
             of
             the
             Church
             of
             England
             ,
             to
             make
             the
             first
             Royal
             offer
             there
             
               that
               freedom
               be
               left
               to
               all
               Persons
               of
               what
               Opinion
               soever
               in
               Matters
               of
               Ceremony
               ,
               and
               that
               all
               the
               Penalties
               of
               LAWS
               and
               Customs
               be
               SUSPENDED
               .
            
          
           
             And
             the
             truth
             is
             ,
             since
             the
             Christian
             Religion
             did
             in
             its
             first
             settlement
             so
             rationally
             provide
             for
             its
             Propagation
             in
             the
             World
             ,
             and
             its
             bespeaking
             the
             favour
             of
             Princes
             by
             its
             enjoyning
             Subjection
             and
             Obedience
             to
             their
             Lawes
             ,
             not
             only
             for
             Wrath
             ,
             but
             Conscience
             sake
             ;
             and
             since
             that
             Principle
             of
             
               humane
               Lawes
               binding
               the
               Conscience
            
             (
             which
             was
             so
             often
             and
             so
             publickly
             avow'd
             by
             that
             Prince
             and
             Arch-bishop
             Laud
             ,
             and
             Bishop
             Sanderson
             and
             the
             Divines
             
             of
             the
             Church
             of
             England
             in
             General
             )
             is
             the
             surest
             guard
             to
             Princes
             Thrones
             and
             their
             Tribunals
             ;
             and
             that
             therefore
             't
             is
             the
             Interest
             of
             the
             Prince
             and
             People
             .
             to
             be
             more
             watchful
             in
             preserving
             that
             Principle
             then
             all
             the
             Iewels
             of
             the
             Crown
             ,
             or
             Walls
             of
             the
             Kingdom
             :
             that
             Prince
             did
             therefore
             necessarily
             take
             Care
             to
             preserve
             and
             to
             perpetuate
             in
             some
             of
             his
             tender-Conscienced
             Subjects
             ,
             a
             continued
             Tenderness
             for
             his
             Lawes
             by
             his
             lawful
             Dispensative
             Power
             (
             as
             particularly
             in
             the
             Case
             of
             his
             Scottish
             Subjects
             )
             in
             taking
             off
             the
             Obligation
             of
             Obedience
             ,
             and
             of
             Conforming
             themselves
             to
             the
             Establish'd
             Lawes
             ;
             for
             such
             Dispensation
             intrinsecally
             notes
             the
             
               taking
               off
            
             such
             Obligation
             from
             the
             Persons
             dispens'd
             with
             .
             And
             it
             is
             indeed
             a
             Solecism
             for
             any
             one
             to
             ask
             Indulgence
             from
             a
             Prince
             who
             owns
             the
             Law
             of
             the
             Land
             ,
             binding
             him
             in
             Conscience
             ;
             if
             he
             doth
             not
             think
             such
             Prince
             perswaded
             that
             his
             Power
             of
             granting
             it
             is
             a
             part
             of
             that
             LAW
             .
          
           
             He
             was
             not
             ignorant
             of
             his
             
             Father's
             Aversion
             against
             the
             Penal
             Lawes
             in
             general
             ,
             and
             on
             which
             Account
             my
             Lord
             Bacon
             celebrating
             him
             ,
             saith
             ,
             
               As
               for
               Penal
               Lawes
               which
               lie
               as
               snares
               upon
               the
               Subjects
               ,
               and
               which
               were
               as
               a
            
             Nemo
             scit
             
               to
               King
            
             Henry
             7.
             
               it
               yields
               a
               Revenue
               which
               will
               scarce
               pay
               for
               the
               Parchment
               of
               the
               King's
               Records
               at
            
             Westminster
             .
             And
             religionary
             Penal
             Lawes
             requiring
             the
             greatest
             tenderness
             ,
             as
             he
             found
             when
             he
             came
             to
             the
             Government
             ,
             that
             the
             two
             most
             famous
             Puritan
             Divines
             ,
             Mr.
             Hildersham
             and
             Mr.
             Dod
             ,
             Men
             of
             great
             Probity
             and
             Learning
             ,
             had
             often
             been
             in
             his
             
             Father's
             time
             Pursuant
             to
             the
             Act
             for
             Uniformity
             disabled
             from
             Preaching
             ,
             and
             been
             re-inabled
             to
             it
             by
             particular
             Indulgence
             (
             and
             as
             likewise
             Fuller
             tells
             us
             in
             his
             
               Church
               History
            
             ,
             that
             Bishop
             Williams
             when
             he
             was
             
               Lord
               Keeper
            
             of
             the
             Great
             Seal
             of
             England
             ,
             procured
             a
             Licence
             from
             King
             Iames
             under
             the
             Great
             Seal
             for
             Mr.
             Cotton
             the
             famous
             Independent
             to
             Preach
             notwithstanding
             his
             Non-Conformity
             )
             so
             he
             in
             the
             same
             manner
             that
             his
             Royal
             Father
             did
             ,
             held
             the
             Reins
             of
             the
             Law
             loose
             in
             his
             hands
             as
             to
             those
             two
             other
             Non-Conformists
             beforemention'd
             .
          
           
             The
             History
             of
             Mr.
             
             Hildersham's
             Life
             ,
             mentions
             that
             he
             was
             silenced
             in
             Iune
             ,
             A
             ▪
             1590
             ,
             and
             restored
             again
             in
             Ianuary
             ,
             A.
             1591.
             
             Again
             he
             was
             deprived
             and
             silenced
             ,
             April
             24
             A.
             1605.
             
               for
               refusal
               of
               Subscription
               and
               Conformity
               ,
            
             and
             after
             some
             time
             again
             restored
             :
             and
             was
             again
             Silenced
             in
             November
             ,
             A.
             1611.
             by
             the
             King
             's
             particular
             Command
             ;
             and
             on
             April
             23.
             
             A.
             1613.
             he
             was
             judicially
             admonished
             by
             the
             
               High
               Commission
            
             ,
             that
             
               saving
               the
               Catechizing
               of
               his
               own
               Family
               only
               ,
               he
               should
               not
               afterward
               Preach
               ,
               Catechize
               ,
               or
               use
               any
               of
               the
               Offices
               or
               Function
               of
               a
               Minister
               publickly
               or
               privately
               〈◊〉
               he
               should
               be
               lawfully
               restored
               and
               releas'd
               of
               his
               said
               Suspension
               .
            
             But
             shortly
             after
             the
             beginning
             of
             the
             Reign
             of
             the
             Royal
             Martyr
             ,
             he
             was
             
               again
               restored
            
             ;
             and
             was
             afterward
             again
             silenced
             ,
             and
             so
             continued
             till
             August
             2.
             
             A.
             1631.
             and
             then
             he
             was
             again
             restored
             .
             And
             Mr.
             
               Dod's
               Life
            
             represents
             his
             Case
             as
             parallel
             with
             this
             before-mention'd
             .
             He
             was
             in
             King
             Iames
             his
             time
             suspended
             and
             restored
             ,
             and
             again
             by
             the
             King
             's
             particular
             Command
             disabled
             from
             Preaching
             ,
             and
             was
             by
             King
             Charles
             the
             First
             re-ennabled
             or
             restored
             .
          
           
             Thus
             as
             
               fortis
               fortem
               amat
            
             ,
             one
             
               tender
               Conscienced
            
             man
             too
             loves
             another
             such
             ;
             and
             the
             Executive
             Power
             of
             the
             Law
             in
             re-ennabling
             after
             temporary
             Disability
             ,
             was
             tenderly
             administred
             by
             these
             our
             Princes
             to
             these
             Conscientious
             Men
             ,
             with
             respect
             to
             their
             real
             Capacity
             of
             Favour
             to
             be
             shew'd
             them
             .
          
        
         
           
             A.
             
          
           
             You
             have
             here
             given
             me
             a
             taste
             
               en
               passant
            
             of
             part
             of
             the
             Dispensative
             Power
             ,
             as
             exercised
             in
             the
             three
             Realms
             during
             some
             Conjunctures
             in
             the
             Reign
             of
             King
             Charles
             the
             First
             ,
             and
             for
             which
             I
             thank
             you
             ,
             and
             particularly
             for
             what
             you
             told
             me
             of
             the
             Act
             of
             Parliament
             dispens'd
             with
             in
             Scotland
             ,
             
             of
             which
             I
             never
             heard
             before
             ;
             and
             am
             apt
             to
             suppose
             a
             thing
             of
             that
             Nature
             was
             never
             done
             before
             in
             that
             Realm
             .
          
        
         
           
             B.
             
          
           
             I
             can
             assure
             you
             ,
             to
             those
             who
             know
             the
             Publick
             Transactions
             of
             that
             Kingdom
             ,
             the
             thing
             will
             not
             in
             the
             least
             seem
             new
             .
             I
             can
             tell
             you
             that
             on
             the
             26th
             of
             November
             ,
             A.
             1593.
             
             King
             Iames
             the
             6th
             of
             Scotland
             made
             an
             Act
             of
             State
             in
             favour
             of
             three
             Roman-Catholick
             Earls
             ,
             
               Huntly
               ,
               Arroll
            
             and
             Angus
             ,
             by
             which
             Act
             he
             allow'd
             them
             several
             Priviledges
             ,
             contrary
             to
             Acts
             of
             Parliament
             made
             against
             Roman-Catholicks
             .
             And
             His
             Majesty
             in
             his
             Act
             of
             State
             expresly
             dispenseth
             with
             those
             Acts
             of
             Parliament
             :
             and
             which
             Dispensation
             tho
             Queen
             Elizabeth
             importuned
             him
             to
             revoke
             (
             and
             for
             that
             purpose
             sent
             the
             Lord
             Zouch
             as
             her
             Embassador
             to
             him
             )
             he
             still
             adhered
             to
             the
             Act
             of
             State
             he
             had
             made
             ,
             and
             continued
             his
             Dispensation
             .
          
        
         
           
             A.
             
          
           
             Have
             you
             this
             Matter
             of
             Fact
             out
             of
             any
             of
             the
             Records
             in
             England
             or
             Scotland
             ?
          
        
         
           
             B.
             
          
           
             I
             have
             it
             out
             of
             the
             Original
             Papers
             under
             the
             hand
             of
             Queen
             Elizabeth
             and
             her
             great
             Minister
             Burghly
             ,
             and
             the
             Original
             Instructions
             of
             the
             Lord
             Zouch
             when
             sent
             by
             her
             to
             expostulate
             with
             the
             King
             about
             it
             ,
             that
             were
             lately
             in
             my
             Custody
             ,
             and
             by
             me
             sent
             to
             our
             gracious
             Sovereign
             :
             and
             I
             shall
             some
             other
             time
             give
             you
             a
             more
             particular
             account
             of
             that
             Dispensation
             .
          
        
         
           
             A.
             
          
           
             But
             (
             I
             beseech
             you
             )
             did
             not
             the
             Protestant
             Divines
             of
             the
             Church
             of
             Scotland
             then
             cry
             out
             of
             the
             unlawfulness
             or
             inexpedience
             of
             that
             Dispensation
             ?
          
        
         
           
             B.
             
          
           
             I
             have
             read
             it
             in
             a
             learned
             Book
             of
             Dr.
             Maxwell
             a
             Scotch-man
             ,
             Printed
             A.
             1644.
             (
             and
             who
             was
             then
             Bishop
             of
             Killally
             in
             Ireland
             ,
             and
             had
             formerly
             been
             Bishop
             of
             Rosse
             )
             that
             Mr.
             
               Robert
               Bruce
            
             one
             of
             the
             Ministers
             of
             Edenburgh
             ,
             and
             who
             had
             a
             great
             sway
             in
             the
             Church
             of
             Scotland
             ,
             was
             pleas'd
             with
             the
             King
             's
             extending
             his
             Favour
             to
             Angus
             and
             Arroll
             ,
             but
             out
             of
             a
             factious
             Complyance
             with
             the
             Earl
             of
             Arguile
             ,
             was
             displeas'd
             at
             its
             being
             shewn
             to
             Huntly
             .
             But
             that
             Loyal
             Bishop
             there
             acquiesceth
             in
             the
             reason
             of
             State
             ,
             that
             inclined
             the
             King
             to
             Pardon
             the
             
               three
               Earls
            
             ,
             and
             his
             thereby
             hindering
             the
             growth
             of
             Faction
             in
             Scotland
             ,
             and
             providing
             for
             his
             more
             easie
             and
             secure
             access
             to
             the
             Throne
             of
             England
             on
             the
             Death
             of
             Queen
             Elizabeth
             .
          
           
             And
             so
             you
             may
             easily
             guess
             what
             sort
             of
             men
             in
             Scotland
             look'd
             with
             an
             
               evil
               eye
            
             on
             that
             Act
             of
             the
             Royal
             goodness
             ,
             and
             who
             did
             not
             .
             The
             Bishop
             there
             had
             applauded
             the
             great
             depth
             of
             the
             King's
             Wisdom
             ,
             and
             his
             
               transcendent
               Goodness
            
             in
             the
             Pardoning
             the
             three
             Earls
             ,
             and
             mention'd
             that
             
               there
               was
               nothing
               of
               Religion
               in
               the
               Case
               of
            
             Bruce's
             
               Aversion
               against
               the
               Pardon
               of
            
             Huntly
             ,
             
               for
               that
            
             Angus
             and
             Arroll
             
               were
               as
               bigot
               Papists
               ,
               if
               not
               more
               then
            
             Huntly
             .
          
           
             I
             can
             likewise
             direct
             you
             to
             my
             Lord
             Primate
             
             Bramhal's
             celebrated
             Book
             call'd
             
               A
               Fair
               warning
               to
               take
               heed
               of
               the
               Scotish
               Discipline
               ,
            
             where
             in
             Chap.
             6.
             thus
             entituled
             ,
             
               viz.
               That
               it
               robs
               the
               Magistrate
               of
               his
               Dispensative
               Power
            
             ;
             he
             saith
             by
             way
             of
             instance
             ,
             
               When
               the
               Popish
               Earls
               of
            
             Angus
             ,
             Huntly
             ,
             and
             Arroll
             ,
             
               were
               excommunicated
               by
               the
               Church
               ,
               and
               forfeited
               for
               Treasonable
               Practices
               against
               the
               King
               ,
               it
               is
               admirable
               to
               read
               with
               what
               Wisdom
               ,
               Charity
               ,
               and
               Sweetness
               his
               Majesty
               did
               seek
               from
               time
               to
               time
               to
               reclaim
               them
               from
               their
               Errors
               ,
            
             &c.
             
               and
               on
               the
               other
               side
               to
               see
               with
               what
               bitterness
               and
               radicated
               Malice
               they
               were
               prosecuted
               by
               the
               Presbyteries
               and
               their
               Commissioners
               ,
            
             &c.
             
               sometimes
               threatning
               that
               they
               were
               resolv'd
               to
               pursue
               them
               to
               the
               uttermost
               ,
               tho
               it
               should
               be
               with
               the
               loss
               of
               all
               their
               Lives
               in
               one
               day
               ,
            
             &c.
             
               sometimes
               pressing
               to
               have
               their
               Estates
               confiscated
               ,
            
             &c.
             
             He
             refers
             there
             in
             his
             Margin
             to
             
               Ass.
               Edinb
            
             .
             1594.
             
          
           
           
             But
             any
             one
             who
             shall
             consult
             
               D'Ossat's
               Letters
            
             ,
             and
             there
             in
             the
             
               Second
               Book
            
             carefully
             read
             over
             the
             37th
             Letter
             that
             was
             writ
             to
             Villeroy
             in
             the
             year
             1596
             ,
             and
             three
             years
             after
             the
             Date
             of
             King
             Iames
             his
             Act
             of
             State
             ,
             and
             observe
             what
             that
             great
             Sagacious
             Cardinal
             there
             refers
             to
             concerning
             the
             Circumstances
             of
             those
             three
             Earls
             ,
             and
             how
             all
             the
             Prudence
             that
             could
             be
             shewn
             by
             man
             ,
             was
             but
             little
             enough
             for
             the
             Conduct
             of
             that
             King
             in
             that
             Conjuncture
             ,
             in
             order
             to
             his
             removing
             what
             Impediments
             either
             from
             Rome
             or
             Spain
             ,
             or
             his
             Native
             Country
             might
             obstruct
             his
             Succession
             to
             the
             Crown
             of
             England
             ;
             will
             not
             wonder
             at
             his
             having
             dispens'd
             and
             continued
             his
             Dispensation
             as
             aforesaid
             .
          
        
         
           
             A.
             
          
           
             I
             have
             not
             yet
             ask'd
             you
             whether
             the
             Divines
             of
             the
             Church
             of
             England
             ,
             did
             not
             
               lift
               up
               their
               voices
               like
               a
               Trumpet
            
             against
             the
             Dispensative
             Power
             thus
             exercised
             by
             their
             Prince
             ,
             as
             you
             have
             mention'd
             ?
          
        
         
           
             B.
             
          
           
             They
             discharged
             their
             Duties
             in
             Preaching
             occasionally
             against
             all
             growing
             Errors
             :
             but
             they
             wanted
             none
             to
             mind
             them
             of
             the
             Saying
             ,
             
               Impium
               esse
               qui
               Regi
               dixerit
               ,
               Inique
               agis
               .
            
             The
             Pious
             and
             Learned
             Author
             of
             
               Certain
               Considerations
               tending
               to
               Peace
            
             ,
             &c.
             mentions
             how
             the
             Bishop
             of
             
               St.
               Davids
            
             in
             King
             Iames's
             Reign
             ,
             A.
             1604.
             did
             in
             a
             set
             Speech
             in
             Convocation
             shew
             ,
             that
             
               Ministers
               were
               not
               in
               the
               late
               Archbishop's
               time
               disabled
               from
               their
               Ministry
               on
               the
               Account
               of
               Non-conformity
               to
               the
               Ceremonies
               by
               Law
               enjoyn'd
            
             ;
             and
             concluded
             his
             Speech
             with
             the
             motion
             of
             Petitioning
             the
             King
             ,
             That
             
               if
               the
               removal
               of
               some
               of
               the
               Ceremonies
               enjoyn'd
               could
               not
               be
               obtain'd
               ,
               nor
               yet
            
             a
             Coleration
             
               for
               them
               of
               more
               stay'd
               and
               temperate
               Carriage
               ,
               yet
               at
               least
               there
               might
               be
               procured
               a
               mitigation
               of
               the
               Penalty
               ,
            
             &c.
             
          
           
             And
             as
             the
             Suspension
             or
             Disabling
             of
             Hildersham
             and
             Dod
             from
             their
             Ministerial
             Functions
             ,
             so
             the
             Restoring
             of
             them
             to
             the
             same
             without
             all
             such
             things
             done
             by
             them
             as
             the
             strictness
             of
             the
             Lawes
             required
             ,
             was
             in
             both
             those
             Princes
             Reigns
             executed
             by
             the
             Bishops
             .
          
           
             Nor
             do
             I
             remember
             to
             have
             read
             of
             any
             Divine
             of
             the
             Church
             of
             England
             to
             have
             in
             the
             least
             look'd
             with
             an
             
               evil
               eye
            
             on
             the
             goodness
             of
             the
             Dispensative
             Power
             in
             the
             Reign
             of
             King
             Charles
             the
             First
             being
             extended
             to
             particular
             Persons
             ;
             but
             the
             hated
             Sibthorpe
             ,
             who
             in
             his
             Sermon
             of
             
               Apostolick
               Obedience
            
             (
             as
             he
             call'd
             it
             )
             doth
             speak
             of
             
               Mens
               being
               bound
               to
               observe
               the
               Lawes
               of
               the
               Land
               where
               they
               live
               ,
               except
               they
               will
               suffer
               as
               busie
               bodies
               ,
               or
               except
               they
               will
               have
               that
               inconvenience
               granted
               ,
               that
               the
               general
               Lawes
               or
               Government
               of
               a
               Nation
               must
               be
               
                 dispens's
                 withal
              
               ,
               according
               to
               the
               particular
               Conceit
               and
               Apprehension
               of
               every
               private
               Person
               :
               whereout
               what
               Coleration
               of
               Heresy
               ,
               what
               Connivence
               at
               Errors
               ,
               what
               danger
               of
               Schisms
               in
               the
               Church
               and
               Factions
               in
               the
               State
               ,
               must
               necessarily
               follow
               ,
            
             &c.
             and
             having
             mentioned
             
               the
               Liberty
               of
               a
               few
               erroneous
               Consciences
               bringing
               the
               Bondage
               of
               many
               regulated
               Commands
               ,
            
             he
             saith
             ,
             
               We
               must
               prefer
               the
               general
               before
               the
               particular
               ,
               and
               not
               let
               every
               one
               be
               loose
               to
               their
               List
               and
               Affection
               ,
               but
               all
            
             must
             
               be
               kept
               within
               the
               Lists
               of
               their
               Duty
               and
               Subjection
               .
            
          
           
             And
             I
             but
             just
             now
             told
             you
             of
             that
             Prince's
             avowing
             ▪
             that
             the
             Bishops
             advised
             him
             to
             the
             tenderness
             he
             shewed
             in
             dispensing
             with
             his
             Lawes
             ,
             to
             gratifie
             the
             pretended
             tenderness
             of
             the
             Consciences
             of
             some
             of
             his
             Scotish
             Subjects
             in
             that
             Conjunct●…
             ▪
             ●…eand
             by
             which
             Dispensing
             one
             would
             have
             thought
             they
             might
             have
             been
             sufficiently
             antidoted
             against
             the
             
               strong
               Delusions
            
             of
             entring
             into
             War
             for
             Religion
             .
          
           
             Oh
             that
             such
             thoughts
             had
             been
             then
             impress'd
             on
             their
             Minds
             ,
             as
             are
             contain'd
             in
             the
             
               General
               Demands
               of
               the
               Ministers
               and
               Professors
               of
            
             Aberdene
             ,
             p.
             29.
             as
             I
             find
             them
             cited
             in
             the
             Book
             of
             Mr.
             Ley
             before-mention'd
             ,
             
             viz.
             
               There
               be
               other
               means
               more
               effectual
               for
               holding
               out
               of
               Popery
               (
               and
               so
               of
               any
               unlawful
               innovation
               )
               in
               which
               we
               ought
               to
               Confide
               more
               then
               in
               all
               the
               Vowes
               and
               Promises
               of
               Men
               ,
               yea
               ,
               also
               more
               then
               in
               all
               the
               United
               Forces
               of
               all
               the
               Subjects
               of
               this
               Land
               ,
               to
               wit
               ,
               diligent
               Preaching
               and
               Teaching
               of
               the
               Word
               ,
               frequent
               Prayer
               to
               God
               ,
               humbling
               of
               our selves
               before
               him
               ;
               and
               Amendment
               of
               our
               Lives
               and
               Conversations
               ,
               and
               Arming
               our selves
               against
               our
               Adversaries
               by
               diligent
               searching
               of
               the
               Scriptures
               ,
               whereby
               we
               may
               encrease
               in
               the
               knowledge
               of
               the
               Truth
               ,
               and
               in
               ability
               to
               defend
               it
               against
               the
               Enemies
               of
               it
               .
            
          
           
             Oh
             that
             the
             Demagogues
             of
             those
             times
             had
             caus'd
             such
             words
             then
             to
             have
             been
             writ
             in
             our
             Churches
             ,
             or
             I
             might
             rather
             wish
             that
             those
             Heads
             of
             Parties
             had
             had
             themselves
             then
             hearts
             of
             flesh
             ,
             and
             that
             such
             tender
             words
             had
             been
             like
             a
             Law
             written
             there
             .
          
           
             But
             the
             
               Urgentia
               imperii
               fata
            
             were
             upon
             us
             ;
             and
             that
             delicate
             use
             of
             Conscience
             that
             is
             in
             2.
             
             Cor.
             13.
             5.
             call'd
             
               examen
               vel
               probatio
               nostrum
               ipsorum
            
             ,
             and
             whereby
             it
             resembled
             the
             best
             property
             of
             a
             beam
             in
             Scales
             ,
             namely
             its
             tenderness
             ,
             and
             turning
             with
             the
             least
             part
             of
             a
             grain
             ,
             was
             among
             the
             great
             Actors
             in
             that
             Rebellion
             quite
             laid
             aside
             ,
             and
             all
             the
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             i.
             e.
             
               the
               weightier
               Matters
               of
               the
               Law
            
             did
             not
             stir
             their
             Consciences
             :
             and
             the
             great
             Obligation
             of
             their
             
               Oaths
               of
               Allegiance
            
             and
             Supremacy
             signify'd
             no
             more
             then
             the
             dust
             of
             the
             balance
             .
          
           
             Tho
             they
             pretended
             to
             so
             nice
             a
             Tenderness
             about
             any
             thing
             that
             look'd
             like
             an
             Oath
             in
             familiar
             discourse
             and
             was
             not
             one
             ,
             as
             at
             the
             Saying
             
               in
               faith
            
             ,
             or
             
               in
               troth
            
             ,
             and
             so
             would
             seem
             to
             come
             under
             
             Solomon's
             Character
             of
             
               him
               that
               feareth
               an
               Oath
            
             ,
             (
             but
             as
             to
             which
             words
             of
             
               in
               faith
            
             ,
             or
             
               by
               my
               faith
            
             ,
             our
             Judicious
             
               Sanderson
               de
               Iuramento
            
             makes
             them
             amount
             to
             no
             more
             then
             a
             meer
             Asseveration
             ,
             or
             at
             the
             most
             an
             Obtestation
             ;
             and
             saith
             ,
             
               that
               the
               genuine
               interpretation
               of
               the
               words
               ,
            
             by
             my
             faith
             ,
             
               whether
               in
               an
               assertory
               or
               promissory
               matter
               is
               this
               ,
               I
               speak
               from
               my
               heart
               ,
               I
               pawn
               my
               faith
               to
               you
               that
               the
               thing
               is
               so
            
             )
             .
             yet
             they
             at
             the
             same
             time
             would
             ridicule
             or
             
               seize
               on
            
             any
             one
             who
             had
             told
             them
             of
             what
             they
             were
             Sworn
             to
             in
             the
             Oath
             of
             Allegiance
             ,
             and
             of
             the
             recognition
             they
             made
             there
             ,
             as
             the
             words
             of
             that
             Oath
             are
             ,
             
               heartily
               ,
               willingly
               and
               truly
               
                 upon
                 the
                 true
                 faith
                 of
                 a
                 Christian.
              
            
             
          
        
         
           
             A.
             
          
           
             There
             was
             a
             
               Solemn
               League
               and
               Covenant
            
             afterward
             took
             by
             those
             who
             had
             so
             apparently
             outraged
             the
             Oath
             of
             Allegiance
             ,
             and
             it
             was
             taken
             generally
             by
             all
             the
             Layety
             and
             Clergy
             of
             the
             Parliaments
             Party
             ;
             and
             was
             there
             not
             a
             general
             Tenderness
             of
             Conscience
             express'd
             then
             in
             the
             observance
             of
             that
             Covenant
             ?
          
        
         
           
             B.
             
          
           
             In
             the
             course
             of
             my
             Observation
             of
             Men
             and
             Things
             ,
             some
             things
             have
             more
             particularly
             occurred
             to
             me
             to
             shew
             you
             that
             the
             great
             Takers
             and
             imposers
             of
             that
             Covenant
             did
             as
             plainly
             and
             without
             any
             seeming
             remorfe
             outrage
             their
             Oath
             in
             that
             Covenant
             ,
             as
             they
             did
             their
             Oaths
             of
             Allegiance
             and
             Supremacy
             .
             For
             after
             they
             had
             first
             sworn
             to
             
               endeavour
               to
               preserve
               the
               Reformed
               Religion
               in
               the
               Church
               of
            
             Scotland
             
               in
               Doctrine
               ,
               Worship
               ,
               Discipline
               ,
               and
               Government
               ,
            
             and
             then
             sworn
             
               to
               endeavour
               to
               reform
               Religion
               in
               these
               Kingdoms
               of
            
             England
             and
             Ireland
             
               in
               all
               Points
               ,
               according
               to
               the
               Examples
               of
               the
               best
               Reformed
               Churches
            
             ;
             and
             so
             were
             bound
             to
             
               reform
               us
            
             according
             to
             the
             Pattern
             of
             Scotland
             ,
             (
             for
             that
             Church
             must
             necessarily
             pass
             for
             the
             best
             Reform'd
             Church
             ,
             that
             stands
             in
             need
             of
             no
             Resormation
             ,
             being
             to
             be
             preserv'd
             by
             them
             in
             the
             State
             it
             was
             )
             the
             Parliament
             instead
             of
             setling
             in
             England
             the
             Presbyterian
             Government
             which
             then
             in
             Scotland
             ,
             had
             within
             its
             Verge
             four
             Judicatories
             ,
             and
             all
             pretended
             to
             be
             founded
             on
             
               Divine
               Right
            
             .
             1.
             
             A
             
               Parochial
               Session
            
             .
             2.
             
             A
             
               Presbyterian
               Consistory
            
             .
             3.
             
             A
             
               Provincial
               Synod
            
             .
             4.
             
             A
             
               General
               Assembly
            
             ,
             as
             they
             were
             bound
             to
             ,
             did
             in
             effect
             settle
             
             ERASTIANISM
             (
             a
             Tenet
             ,
             or
             hypothesis
             of
             Church-Government
             that
             the
             Scotch
             and
             English
             Presbyterian
             Divines
             avowed
             as
             great
             an
             hatred
             of
             as
             of
             Popery
             it self
             ;
             Erastianism
             giving
             the
             Supreme
             Power
             in
             Ecclesiasticals
             to
             the
             Civil
             Magistrate
             )
             and
             in
             their
             Printed
             Votes
             and
             Orders
             reproved
             the
             Presbyterian
             Divines
             for
             challenging
             an
             Arbitrary
             Power
             ,
             and
             which
             they
             would
             not
             grant
             ,
             
               nor
               set
               up
               ten
               Thousand
               Iudicatories
               within
               the
               Kingdom
               ,
            
             as
             the
             Parliaments
             words
             were
             :
             referring
             to
             the
             Scots
             Parechial
             Session
             ,
             where
             a
             competent
             number
             of
             Lay-Elders
             (
             whom
             they
             call
             
               Presbyteri
               non
               docentes
            
             )
             and
             Deacons
             proportionable
             to
             the
             Precinct
             and
             Extent
             of
             the
             Parish
             are
             conjoyn'd
             ,
             and
             which
             associate
             Body
             thus
             compacted
             is
             the
             Spiritual
             Parochial
             Sanhedrim
             .
          
           
             But
             this
             very
             first
             Point
             of
             that
             Church-Government
             ,
             the
             Parliament
             hinder'd
             Presbytery
             from
             gaining
             here
             ,
             and
             opposed
             its
             moving
             in
             that
             lowest
             Sphere
             of
             the
             Parochial
             Session
             of
             setling
             so
             many
             Thousand
             Ecclesiastical
             Courts
             of
             Pye-Powder
             in
             England
             ,
             and
             whereby
             it
             could
             never
             hope
             to
             climb
             up
             to
             the
             
               Primum
               mobile
            
             of
             a
             
               General
               Assembly
            
             ,
             which
             in
             reality
             was
             the
             Sphere
             the
             Parliament
             it self
             moved
             in
             .
          
           
             Mr.
             Prynne
             who
             was
             one
             of
             the
             greatest
             Champions
             for
             that
             Covenant
             ,
             was
             yet
             an
             Eminent
             profess'd
             Erastian
             ,
             and
             Mr.
             Coleman
             a
             Member
             of
             the
             Assembly
             of
             Divines
             ,
             another
             of
             those
             Champions
             for
             the
             Covenant
             ,
             was
             likewise
             a
             declared
             Erastian
             ,
             and
             a
             great
             Favourite
             of
             the
             Parliaments
             ,
             and
             whose
             frequent
             Sermons
             before
             them
             for
             Erastianism
             were
             Printed
             by
             their
             Order
             ;
             and
             which
             Sermons
             of
             his
             ,
             ▪
             and
             likewise
             his
             Books
             writ
             for
             it
             were
             with
             great
             heat
             impugned
             in
             Print
             by
             Mr.
             Gillespy
             a
             Divine
             of
             Scotland
             ,
             and
             one
             of
             the
             Commissioners
             in
             England
             for
             that
             Kingdom
             :
             and
             who
             in
             a
             Printed
             Sermon
             of
             his
             Preach'd
             before
             the
             House
             of
             Lords
             ,
             doth
             call
             
               Erastus
               
                 the
                 great
                 Adversary
              
               ;
            
             and
             in
             one
             of
             his
             Pamphlets
             against
             Mr.
             Coleman
             ,
             call'd
             
               Nihil
               Respondes
            
             ,
             mentions
             how
             
               the
               Presbyterians
               and
               Independents
               were
               both
               equally
               interessed
               against
               the
               Erastian
               Principles
               .
            
          
           
             And
             as
             to
             the
             greatness
             of
             the
             number
             of
             the
             Covenanters
             out
             of
             Parliament
             that
             rejected
             the
             Iure-divinity
             of
             the
             Scots
             ruling
             Elders
             ,
             Mr.
             Coleman
             gives
             us
             his
             Judgment
             in
             p.
             12.
             of
             his
             
               Reply
               to
               Nihil
               Respondes
            
             ,
             viz.
             that
             9
             /
             10
             
               of
               the
               Assembly
               ,
               and
            
             900
             /
             1000
             
               of
               the
               Kingdom
               denyed
               a
               Ruling
               Elder
               to
               be
               an
               instituted
               Officer
            
             jure
             divino
             .
          
           
             But
             Heylin
             having
             told
             us
             in
             his
             
               History
               of
               Presbytery
            
             ,
             That
             
               Presbytery
               did
               never
               setle
               its
               Lay-Eldership
               in
               any
               one
               Parish
               in
            
             England
             :
             we
             may
             easily
             thence
             suppose
             the
             National
             Violation
             of
             that
             National
             Covenant
             ,
             without
             any
             apparent
             regret
             of
             Conscience
             on
             that
             account
             .
          
           
             How
             all
             the
             Independent
             Clergy
             and
             Layety
             who
             had
             took
             the
             Covenant
             did
             in
             a
             manner
             
               simul
               &
               semel
            
             most
             notoriously
             violate
             it
             ,
             in
             setting
             up
             the
             model
             of
             their
             Church-Government
             is
             not
             unknown
             .
          
           
             But
             indeed
             ,
             as
             the
             very
             sagacious
             Author
             of
             the
             Book
             call'd
             ,
             
               The
               main
               Points
               of
               Church-Government
            
             ,
             &c.
             
             Printed
             in
             London
             ,
             A.
             1649.
             hath
             observ'd
             ,
             
               The
               known
               sense
               of
               the
               Scotish
               Nation
               which
               framed
               the
               Covenant
               ,
               and
               for
               whose
               Satisfaction
               the
               Covenant
               was
               here
               taken
               ,
               doth
               include
               Independency
               under
               the
               name
               of
               Schism
               ,
               or
               at
               least
               under
               those
               words
               contrary
               to
               sound
               Doctrine
               ;
               and
               our
               Independent
               Divines
               could
               not
               but
               know
               this
               to
               be
               their
               sense
               of
               it
               ,
               and
               yet
               we
               know
               of
               none
               that
               did
               protest
               against
               it
               ,
               or
               explain
               themselves
               otherwise
               at
               the
               first
               taking
               of
               the
               Covenant
               ,
               if
               they
               have
               done
               it
               since
               .
            
          
           
             And
             I
             might
             further
             tell
             you
             ,
             that
             after
             the
             Engagement
             was
             set
             up
             of
             being
             
               true
               and
               faithful
               to
               the
               Common-wealth
               of
            
             England
             
               as
               it
               is
               now
               Establish'd
               without
               a
               King
               or
               House
               of
               Lords
            
             ;
             tho
             several
             of
             the
             Presbyterian
             
             Divines
             out
             of
             a
             sense
             of
             their
             Oaths
             and
             Allegiance
             ,
             and
             their
             Covenant
             were
             so
             Loyal
             as
             to
             refuse
             it
             ,
             I
             have
             not
             heard
             of
             any
             of
             those
             Independent
             ones
             who
             did
             .
          
           
             But
             such
             was
             the
             Inundation
             of
             Practical
             Atheism
             in
             the
             Kingdom
             that
             our
             Civil
             Wars
             had
             caus'd
             ,
             that
             when
             the
             Engagement
             was
             set
             up
             ,
             almost
             the
             whole
             Body
             of
             the
             Lawyers
             in
             England
             took
             it
             rather
             then
             they
             would
             lose
             their
             Practice
             .
             These
             men
             knew
             the
             meaning
             of
             the
             Acts
             of
             Parliament
             containing
             the
             Oaths
             of
             Allegiance
             and
             Supremacy
             ,
             and
             yet
             were
             abandon'd
             by
             a
             disloyal
             Sophistical
             Principle
             of
             
               the
               want
               of
               Power
               in
               a
               lawful
               Sovereign
               to
               protect
               them
               ,
               absolving
               them
               from
               their
               Obedience
               ,
            
             to
             cancel
             their
             Oaths
             in
             the
             Court
             of
             Conscience
             .
          
           
             And
             in
             a
             word
             further
             to
             shew
             you
             how
             the
             tender
             Regard
             of
             publick
             Promises
             was
             here
             grown
             one
             of
             
               Pancirol's
               lost
               things
            
             ,
             I
             shall
             tell
             you
             ,
             that
             tho
             in
             the
             Parliament
             of
             
               Richard
               Cromwell
            
             ,
             none
             was
             allowed
             to
             sit
             but
             he
             who
             had
             first
             took
             a
             Recognition
             of
             
               engaging
               to
               be
               true
               and
               faithful
               to
               the
               Lord
               Protector
               ,
            
             &c.
             
               and
               not
               to
               propose
               or
               give
               any
               Consent
               to
               alter
               the
               Government
               as
               't
               is
               setled
               in
               one
               single
               Person
               and
               a
               Parliament
               ,
            
             yet
             the
             Republicans
             in
             that
             Parliament
             were
             not
             in
             the
             least
             diverted
             by
             that
             Recognition
             from
             endeavouring
             there
             to
             alter
             the
             Government
             ,
             and
             it
             was
             there
             avowed
             by
             them
             ,
             that
             
               a
               Promise
               or
               Oath
               took
               without
               Doors
               ,
               did
               not
               bind
               within
               .
            
          
           
             And
             at
             last
             to
             bring
             up
             the
             Rear
             of
             mens
             Perjury
             ,
             after
             all
             the
             Oaths
             legal
             and
             illegal
             had
             been
             so
             much
             confounded
             ,
             when
             the
             late
             King's
             Restauration
             was
             almost
             in
             sight
             on
             the
             then
             General
             Monk
             with
             his
             Army
             coming
             to
             London
             ,
             a
             new
             Oath
             of
             Abjuration
             of
             the
             Royal
             Line
             was
             at
             that
             time
             set
             on
             foot
             in
             Councel
             ,
             and
             which
             some
             there
             would
             have
             had
             imposed
             on
             the
             General
             himself
             .
          
        
         
           
             A.
             
          
           
             Good
             God!
             What
             a
             Concatenation
             of
             Perjuries
             was
             our
             Land
             so
             long
             enslaved
             with
             ?
             you
             have
             referr'd
             to
             the
             
               Solemn
               League
            
             and
             Covenant
             for
             extirpating
             Popery
             and
             Superstition
             ,
             and
             while
             
               a
               General
               Assembly
            
             ,
             and
             Parliaments
             were
             planting
             here
             the
             Doctrine
             of
             the
             Council
             of
             Lateran
             ,
             namely
             the
             Absolving
             Subjects
             from
             their
             Oaths
             of
             Allegiance
             .
          
        
         
           
             B.
             
          
           
             And
             while
             they
             were
             planting
             a
             Discipline
             ,
             that
             Archbishop
             Whitgift
             in
             his
             Reply
             to
             
               T.
               C.
            
             p.
             299.
             559.
             and
             Bishop
             Hall
             in
             his
             Book
             of
             Episcopacy
             ,
             Part
             3.
             p.
             34.
             and
             Bishop
             Downham
             in
             his
             
               Defence
               of
               his
               Sermon
               ,
               l.
            
             1.
             c.
             8.
             p.
             139.
             
             And
             Archbishop
             Bramhal
             in
             his
             
               Fair
               warning
               to
               take
               heed
               of
               the
               Scotish
               Discipline
            
             almost
             throughout
             ,
             do
             charge
             with
             POPERY
             ;
             and
             where
             the
             last
             Archbishop
             doth
             represent
             the
             Covenant
             with
             the
             terms
             of
             
               Baal
               ,
               Baal
               berith
            
             and
             Baalims
             ,
             and
             saith
             ,
             
               It
               were
               worth
               the
               enquiring
               whether
               the
               
                 marks
                 of
                 Anti-Christ
              
               do
               not
               agree
               as
               eminently
               to
               
                 the
                 Assembly
                 general
                 of
                 Scotland
              
               ,
               as
               either
               to
               the
               Pope
               or
               to
               the
               Turk
               .
               This
               we
               see
               plainly
               that
               they
               spring
               out
               of
               the
               Ruines
               of
               the
               Civil
               Magistrate
               :
               
                 they
                 sit
                 upon
                 the
                 Temple
                 of
                 God
                 ,
              
               and
               
                 they
                 advance
                 themselves
                 above
              
               those
               whom
               the
               Scripture
            
             calls
             Gods.
             
          
        
         
           
             A.
             
          
           
             That
             Archbishop's
             saying
             ,
             
               It
               were
               worth
               the
               enquiring
            
             thus
             concerning
             that
             
               general
               Assembly
            
             as
             then
             used
             ,
             is
             the
             only
             thing
             wherein
             I
             differ
             from
             him
             ,
             for
             I
             think
             there
             is
             no
             doubt
             in
             the
             case
             .
          
        
         
           
             B.
             
          
           
             To
             this
             you
             may
             add
             the
             thoughts
             of
             their
             being
             associated
             against
             Superstition
             ,
             while
             they
             were
             planting
             the
             grossest
             Superstition
             that
             any
             Age
             hath
             known
             ,
             if
             we
             may
             take
             our
             measures
             of
             Superstition
             from
             that
             definition
             of
             it
             in
             the
             
               Reformatio
               legum
               Ecclesiasticarum
            
             ,
             viz.
             
               Superstitio
               cultus
               est
               ad
               Deum
               relatus
               ,
               immenso
               quodam
               proficiscens
               humano
               Studio
               ,
               vel
               animi
               certâ
               propensione
               quam
               vulgò
               bonam
               intentionem
               vocant
               ,
            
             &c.
             
          
           
           
             Let
             any
             one
             consider
             ,
             how
             after
             the
             beginning
             of
             the
             Parliament
             of
             Forty
             ,
             they
             had
             obtain'd
             in
             the
             very
             Act
             that
             took
             away
             the
             Ship-money
             ,
             that
             all
             the
             Particulars
             prayed
             or
             desired
             in
             the
             Petition
             of
             Right
             should
             be
             enacted
             ;
             one
             whereof
             was
             ,
             That
             
               no
               Oath
               should
               be
               imposed
               on
               the
               Subjects
               that
               was
               not
               establish'd
               by
               Act
               of
               Parliament
               ,
            
             and
             how
             in
             despite
             of
             that
             Law
             ,
             they
             without
             any
             such
             Act
             ,
             out
             of
             a
             blind
             Zeal
             for
             
               Religion
               ,
               imposed
            
             this
             dreadful
             Oath
             on
             the
             People
             :
             Let
             any
             one
             but
             read
             over
             
               The
               Covenant
               with
               a
               Narrative
            
             ,
             and
             the
             Speeches
             of
             Mr.
             Nye
             and
             Mr.
             Hendersham
             at
             the
             time
             of
             the
             Solemn
             
               Reading
               ,
               Swearing
            
             and
             Subscribing
             of
             the
             Covenant
             by
             the
             House
             of
             Commons
             ,
             and
             Assembly
             of
             Divines
             in
             St.
             
             Margaret's
             Church
             ▪
             and
             observe
             in
             Mr.
             
               Nye's
               Speech
            
             ,
             his
             Saying
             ,
             that
             ASSOCIATION
             
               is
               of
               Divine
               offspring
            
             ,
             and
             his
             resembling
             of
             this
             
               Covenant
               to
               the
               Covenant
               of
               Grace
               ,
            
             and
             the
             matter
             of
             it
             there
             represented
             by
             him
             as
             
               worthy
               to
               be
               sworn
               by
               all
               the
               Kingdoms
               of
               the
               World
               ,
               as
               a
               giving
               up
               of
               all
               those
               Kingdoms
               to
               Christ
            
             ;
             and
             where
             it
             followeth
             ,
             
               yea
               ,
               we
               find
               this
               very
               thing
               in
               the
               utmost
               accomplishment
               of
               it
               ,
               to
               have
               been
               the
               Oath
               of
               the
               greatest
               Angel
               that
               ever
               was
               ,
               who
               setting
               his
               feet
               on
               two
               of
               Gods
               Kingdoms
               ,
               the
               one
               upon
               the
               Sea
               ,
               the
               other
               upon
               the
               Earth
               ,
               lifting
               up
               his
               hand
               to
               Heaven
               ,
               as
               you
               are
               to
               do
               this
               day
               ,
               and
               so
               Swearing
               ,
            
             Rev.
             10.
             &c.
             and
             consider
             how
             he
             there
             makes
             this
             Oath
             to
             be
             the
             most
             effectual
             means
             for
             the
             ruining
             Popery
             and
             Prelacy
             ,
             and
             leaves
             it
             to
             be
             consider'd
             ,
             whether
             ,
             
               seeing
               the
               preservation
               of
               Popery
               hath
               been
               by
               Leagues
               and
               Covenants
               ,
               God
               may
               not
               make
               a
               League
               and
               Covenant
               to
               be
               its
               Destruction
               ,
            
             after
             he
             had
             before-mention'd
             the
             
               Associations
               of
               the
               Religious
               Orders
               and
               Fraternities
               ,
               and
               the
               Combination
               by
               the
            
             la
             Sainte
             Ligue
             
               for
               the
               muniting
               of
               Popery
            
             ,
             as
             incentives
             to
             this
             League
             ;
             and
             how
             he
             doth
             again
             go
             to
             the
             Magazine
             of
             the
             Apocalypse
             for
             some
             Weapons
             for
             this
             Covenant
             ,
             and
             hath
             other
             artillery
             for
             it
             from
             the
             Iewish
             State
             ,
             citing
             the
             words
             of
             the
             Prophet
             ,
             
               Let
               us
               joyn
               our selves
               to
               the
               Lord
               in
               a
               perpetual
               Covenant
               that
               shall
               not
               be
               forgotten
               ,
            
             &
             how
             according
             to
             the
             
               ratio
               nominis
            
             of
             Superstition
             ,
             viz.
             of
             mens
             over-importunate
             Prayers
             that
             their
             Children
             might
             out-live
             them
             ,
             he
             concludes
             with
             a
             devout
             Prayer
             ,
             that
             this
             Covenant
             may
             
               out-live
               
                 their
                 Childrens
                 Children
              
               ;
            
             and
             let
             any
             one
             behold
             in
             Mr.
             
             Henderson's
             Speech
             the
             like
             flame
             of
             Enthusiastick
             Zeal
             (
             or
             of
             the
             
               Superstition
               
                 quam
                 vulgo
                 bonam
                 intentionem
                 vocant
              
               )
               against
               Superstition
            
             and
             
               Idolatry
               in
               Worship
            
             ,
             &c.
             and
             concluding
             it
             with
             his
             belief
             ,
             that
             the
             weight
             of
             that
             Covenant
             would
             cast
             the
             balance
             in
             our
             English
             Wars
             ;
             I
             say
             let
             any
             one
             consider
             all
             this
             ,
             and
             tell
             me
             if
             ever
             he
             saw
             a
             more
             pompous
             Scene
             of
             Superstition
             ,
             and
             more
             magnificent
             Procession
             bestow'd
             on
             it
             ,
             and
             contrived
             as
             Bishop
             
             Sanderson's
             words
             are
             in
             his
             
               Lecture
               ,
               De
               bonâ
               intentione
            
             (
             and
             having
             his
             eye
             on
             that
             Covenant
             )
             viz.
             
               Obtentu
               gloriae
               Dei
               ,
               reformandae
               Religionis
               ,
               propagandi
               Evangelii
               ,
               extirpandae
               superstitionis
               ,
               exaltandi
               regni
               Domini
               nostri
               Iesu
               Christi
            
             ;
             and
             if
             ever
             he
             saw
             what
             the
             Bishop
             in
             that
             Lecture
             calls
             
               The
               Iesuites
               Theology
            
             ,
             viz.
             
               Omnia
               metiri
               ex
               Commodo
               Sanctae
               matris
               Ecclesiae
               ,
            
             more
             strongly
             asserted
             then
             in
             the
             Contexture
             and
             Imposition
             of
             that
             Covenant
             .
          
           
             But
             those
             two
             Divines
             lived
             to
             recover
             their
             Allegiance
             ,
             and
             a
             due
             sense
             of
             their
             Oaths
             for
             it
             ,
             and
             to
             see
             that
             foetus
             of
             their
             Brain
             ,
             that
             at
             its
             solemn
             Christning
             they
             wish'd
             immortality
             to
             ,
             renounced
             publickly
             as
             a
             spurious
             Birth
             ;
             and
             to
             the
             Scandal
             of
             that
             Age
             ,
             a
             race
             of
             other
             Oaths
             in
             England
             as
             infamously
             born
             ,
             intercept
             its
             inheritance
             .
          
           
             Nay
             ,
             let
             me
             tell
             you
             ,
             that
             in
             the
             Nation
             of
             
               Scotland
               ▪
            
             Loyalty
             hath
             been
             a
             growing
             
               Plant
               of
               Renown
            
             since
             the
             year
             1660.
             and
             the
             Idol
             of
             their
             former
             Covenanted
             Presbytery
             been
             by
             the
             Loyal
             Nobility
             and
             Gentry
             and
             Populace
             there
             generally
             abhorr'd
             .
             And
             tho
             Sir
             
               George
               Wharton
            
             in
             his
             
             
               Gesta
               Britannorum
            
             relates
             it
             as
             a
             strange
             thing
             that
             on
             the
             21st
             of
             August
             ,
             A.
             1663.
             
               the
               Parliament
               of
            
             Scotland
             
               Pass●…d
               an
               Act
               for
               a
               National
               Synod
               ,
               the
               first
               that
               ever
               was
               in
               that
               Kingdom
               under
               the
               Government
               of
               Bishops
            
             ;
             yet
             I
             can
             tell
             you
             of
             an
             Act
             of
             Parliament
             that
             pass'd
             there
             afterward
             ,
             that
             declared
             the
             right
             of
             the
             Crown
             to
             dispense
             in
             the
             external
             Government
             of
             the
             Church
             .
          
           
             I
             shall
             entertain
             you
             with
             it
             out
             of
             the
             Scotch
             Statutes
             ,
             viz.
             
          
        
         
           
             In
             the
             first
             Session
             of
             the
             Second
             Parliament
             of
             King
             Charles
             the
             Second
             ,
             there
             pass'd
             an
             Act
             asserting
             His
             Majesty
             ▪
             s
             Supremacy
             over
             all
             Persons
             ,
             and
             in
             all
             Causes
             Ecclesiastical
             .
          
        
         
           
             
               
                 
                   Edenburgh
                   ,
                   November
                   16
                   th
                   1669.
                   
                
                 
                   THe
                   Estates
                   of
                   Parliament
                   having
                   seriously
                   considered
                   ,
                   how
                   necessary
                   it
                   is
                   ,
                   for
                   the
                   Good
                   and
                   Peace
                   of
                   the
                   Church
                   and
                   State
                   ,
                   That
                   His
                   Majesty's
                   Power
                   and
                   Authority
                   ,
                   in
                   relation
                   to
                   Matters
                   and
                   Persons
                   Ecclesiastical
                   ,
                   be
                   more
                   clearly
                   asserted
                   by
                   an
                   Act
                   of
                   Parliament
                   ;
                   Have
                   therefore
                   thought
                   fit
                   it
                   be
                   Enacted
                   ,
                   Asserted
                   and
                   Declared
                   ,
                   Like
                   as
                   his
                   Majesty
                   ,
                   with
                   Advice
                   and
                   Consent
                   of
                   his
                   Estates
                   of
                   Parliament
                   ,
                   doth
                   hereby
                   Enact
                   ,
                   Assert
                   and
                   Declare
                   ,
                   That
                   his
                   Majesty
                   hath
                   the
                   Supreme
                   Authority
                   and
                   Supremacy
                   over
                   all
                   Persons
                   ,
                   and
                   in
                   all
                   Causes
                   Ecclesiastical
                   within
                   this
                   his
                   Kingdom
                   ;
                   and
                   that
                   by
                   virtue
                   thereof
                   ,
                   the
                   Ordering
                   and
                   Disposal
                   of
                   the
                   External
                   Government
                   and
                   Policy
                   of
                   the
                   Church
                   doth
                   properly
                   belong
                   to
                   his
                   Majesty
                   and
                   his
                   Successors
                   ,
                   as
                   an
                   inherent
                   Right
                   to
                   the
                   Crown
                   :
                   And
                   that
                   his
                   Majesty
                   and
                   his
                   Successors
                   may
                   Setle
                   ,
                   Enact
                   and
                   Emit
                   such
                   Constitutions
                   ,
                   Acts
                   and
                   Orders
                   ,
                   concerning
                   the
                   Administration
                   of
                   the
                   External
                   Government
                   of
                   the
                   Church
                   ,
                   and
                   the
                   Persons
                   employed
                   in
                   the
                   same
                   ,
                   and
                   concerning
                   all
                   Ecclesiastical
                   Meetings
                   and
                   Matters
                   to
                   be
                   proposed
                   and
                   determined
                   therein
                   ,
                   as
                   they
                   in
                   their
                   Royal
                   Wisdom
                   shall
                   think
                   fit
                   .
                   Which
                   Acts
                   ,
                   Orders
                   and
                   Constitutions
                   ,
                   being
                   recorded
                   in
                   the
                   Books
                   of
                   Councel
                   and
                   duly
                   published
                   ,
                   are
                   to
                   be
                   observed
                   and
                   obeyed
                   by
                   all
                   his
                   Majesty's
                   Subjects
                   ,
                   any
                   Law
                   ,
                   Act
                   ,
                   or
                   Custom
                   to
                   the
                   contrary
                   notwithstanding
                   .
                   Like
                   as
                   his
                   Majesty
                   ,
                   with
                   Advice
                   and
                   Consent
                   aforesaid
                   ,
                   doth
                   Rescind
                   and
                   Annul
                   all
                   Laws
                   ,
                   Acts
                   and
                   Clauses
                   thereof
                   ,
                   and
                   all
                   Customs
                   and
                   Constitutions
                   ,
                   Civil
                   or
                   Ecclesiastick
                   ,
                   which
                   are
                   contrary
                   to
                   ,
                   or
                   inconsistent
                   with
                   ,
                   his
                   Majesty's
                   Supremacy
                   ,
                   as
                   it
                   is
                   hereby
                   asserted
                   ,
                   and
                   declares
                   the
                   same
                   void
                   and
                   null
                   in
                   all
                   time
                   coming
                   .
                
              
            
          
        
         
           
             A.
             
          
           
             You
             told
             me
             before
             how
             the
             King
             dispens'd
             with
             the
             
               five
               Articles
            
             of
             Perth
             ,
             setled
             by
             Act
             of
             Parliament
             ;
             but
             this
             Act
             yields
             so
             great
             a
             territory
             to
             the
             Dispensative
             Power
             ,
             that
             my
             thoughts
             cannot
             suddenly
             travel
             through
             it
             .
             It
             acknowledgeth
             in
             the
             Crown
             a
             more
             sublime
             Power
             then
             of
             dispensing
             with
             Presbyterians
             or
             Independents
             ,
             or
             of
             suspending
             the
             Penal
             Laws
             against
             them
             ,
             namely
             of
             abolishing
             Episcopacy
             ,
             and
             of
             making
             Presbytery
             or
             Independency
             the
             National
             Church-Government
             .
          
           
             
               Car
               tel
               est
               notre
               plaisir
            
             now
             for
             the
             external
             Form
             of
             Church-Government
             ,
             is
             allow'd
             to
             make
             the
             Pattern
             in
             the
             Mount.
             And
             〈◊〉
             accordingly
             as
             Mr.
             Baxter
             in
             his
             Book
             call'd
             a
             
               Search
               for
               the
               Schismaticks
            
             ,
             represents
             Archbishop
             
             Bramhal's
             new
             way
             of
             asserting
             the
             Church
             of
             England
             in
             his
             Book
             against
             him
             ,
             1.
             
             
               To
               abhor
               Popery
            
             .
             2.
             
             
               That
               we
               all
               come
               under
               a
               foreign
               spiritual
               Iurisdiction
               ,
               obeying
               the
               Pope
               as
               the
               Western
               Patriarch
               ,
               and
               also
               as
               the
            
             Principium
             Unitatis
             
               to
               the
               Universal
               Church
               ;
               governing
               by
               the
            
             
             Canons
             ,
             &c.
             may
             not
             the
             King
             by
             this
             Act
             make
             the
             external
             Government
             of
             the
             Church
             of
             
               Scotland
               Patriarchal
            
             ,
             and
             the
             Pope
             Patriarch
             ?
          
        
         
           
             B.
             
          
           
             The
             Act
             needs
             no
             Comment
             :
             and
             if
             you
             will
             tell
             me
             that
             the
             Scots
             shew'd
             themselves
             Erastians
             or
             Latitudinarians
             when
             they
             made
             it
             ,
             I
             shall
             acquaint
             you
             that
             that
             Archbishop
             in
             his
             
               Schism
               guarded
            
             ,
             p.
             319.
             asserts
             ,
             That
             
               a
               Sovereign
               Prince
               hath
               Power
               within
               his
               own
               Dominions
               for
               the
               Publick
               good
               to
               change
               any
               thing
               in
               the
               external
               Regiment
               of
               the
               Church
               ,
               which
               is
               not
               of
               div●…ne
               Institution
               ,
            
             and
             that
             he
             had
             in
             p.
             4.
             of
             that
             Book
             ,
             allow'd
             the
             Pope
             his
             
               Principium
               unitatis
            
             ,
             and
             his
             
               Preheminence
               among
               Patriarchs
               ,
               as
               S.
            
             Peter
             
               had
               among
               the
               Apostles
            
             ;
             and
             that
             in
             p.
             78.
             of
             his
             
               Iust
               Vindication
               of
               the
               Church
               of
            
             England
             ,
             he
             takes
             notice
             that
             by
             the
             Statute
             of
             Carlisle
             ,
             made
             in
             the
             days
             of
             Edward
             the
             First
             ,
             it
             was
             declared
             ,
             That
             the
             
               Holy
               Church
               of
            
             England
             
               was
               founded
               in
               the
               Estate
               of
               Prelacy
               by
               the
               Kings
               and
               Peers
               thereof
               .
            
          
           
             But
             now
             further
             to
             entertain
             your
             thoughts
             with
             the
             great
             Scene
             of
             the
             
               New
               Heaven
               and
               the
               New
               Earth
            
             in
             that
             Kingdom
             ,
             and
             of
             Men
             there
             walking
             at
             liberty
             ,
             as
             the
             words
             in
             the
             Psalms
             are
             (
             or
             
               at
               large
            
             ,
             as
             't
             is
             in
             the
             Ma●…gin
             ,
             and
             as
             in
             the
             
               Latin
               ,
               
                 indesinenterque
                 ambulabo
                 in
                 ipsa
                 LATITUDINE
                 quia
                 mandata
                 tua
                 quaero
              
            
             )
             whose
             measures
             were
             before
             staked
             down
             to
             the
             Narrow
             tedder
             of
             Presbytery
             ,
             and
             whose
             Souls
             were
             once
             enslaved
             to
             a
             blind
             Zeal
             for
             that
             Church-Government
             (
             as
             what
             they
             then
             fancy'd
             to
             be
             the
             putting
             the
             Scepter
             into
             
             Christ's
             hand
             ,
             and
             the
             only
             efficacious
             means
             to
             keep
             out
             Popery
             )
             I
             shall
             tell
             you
             that
             they
             have
             now
             put
             the
             Scepter
             into
             their
             
             Prince's
             hand
             to
             rule
             the
             Church
             with
             what
             external
             Government
             he
             will
             ,
             who
             were
             form●…rly
             so
             ready
             to
             enslave
             both
             Kingdoms
             ,
             by
             designing
             to
             put
             the
             Royal
             Scepter
             of
             Scotland
             into
             the
             French
             King's
             hands
             ,
             and
             to
             bring
             a
             Popish
             French
             Army
             into
             Scotland
             to
             enforce
             the
             setlement
             of
             Presbytery
             .
          
        
         
           
             A.
             
          
           
             One
             would
             hardly
             think
             it
             possible
             that
             they
             should
             then
             design
             any
             such
             thing
             .
          
        
         
           
             B.
             
          
           
             As
             the
             Civil
             Law
             rangeth
             things
             that
             
               wound
               mens
               Piety
               ▪
               Reputation
               ,
               or
               good
               Manners
               ,
            
             among
             Impossibles
             ;
             so
             one
             would
             think
             those
             of
             the
             Scots
             then
             designing
             a
             thing
             of
             that
             Nature
             ,
             to
             be
             an
             Impossibility
             .
             And
             any
             one
             would
             thus
             think
             it
             impossible
             ,
             who
             consider'd
             that
             the
             Crown
             of
             England
             ,
             A.
             1560.
             sent
             Forces
             into
             Scotland
             ,
             whereby
             the
             French
             were
             driven
             out
             of
             that
             Kingdom
             ,
             and
             that
             thereupon
             in
             the
             
               Publick
               printed
               Prayer
               prefixt
               to
               the
            
             Scots
             Psalm-Book
             ,
             it
             is
             said
             ,
             
               viz.
               
                 And
                 seeing
                 that
                 when
                 we
                 by
                 our
                 own
                 Power
                 were
                 altogether
                 unable
                 to
                 have
                 freed
                 our selves
                 from
                 the
                 tyranny
                 of
                 Strangers
                 ,
                 thou
                 of
                 thine
                 especial
                 goodness
                 didst
                 move
                 the
                 hearts
                 of
                 our
                 Neighbors
                 (
                 of
                 whom
                 we
                 had
                 deserv'd
                 no
                 such
                 favour
                 )
                 to
                 take
                 upon
                 them
                 the
                 common
                 burden
                 with
                 us
                 ,
                 and
                 for
                 our
                 deliverance
                 not
                 only
                 to
                 spend
                 the
                 lives
                 of
                 many
                 ,
                 but
                 also
                 to
                 hazard
                 the
                 Estate
                 and
                 Tranquillity
                 of
                 their
                 Realm
                 ;
                 grant
                 unto
                 us
                 ,
                 O
                 Lord
                 ,
                 that
                 with
                 such
                 reverence
                 we
                 may
                 remember
                 thy
                 benefits
                 receiv'd
                 that
                 after
                 this
                 ,
                 in
                 our
                 default
                 we
                 never
                 enter
                 into
                 hostility
                 against
                 the
                 Realm
                 and
                 Nation
                 of
              
            
             England
             .
             
               Suffer
               us
               never
               ,
               O
               Lord
               ,
               to
               fall
               to
               that
               ingratitude
               and
               detestable
               unthankfulness
               ,
               that
               we
               shall
               seek
               the
               Destruction
               and
               Death
               of
               those
               whom
               thou
               hast
               made
               Instruments
               to
               deliver
               us
               from
               the
               tyranny
               of
               merciless
               Strangers
               ,
            
             &c.
             
             But
             he
             who
             shall
             read
             K●…ng
             Charles
             the
             First
             's
             
               Declaration
               concerning
               his
               Proceedings
               with
               his
               Subjects
               of
            
             Scotland
             
               since
               the
               Pacification
               in
               the
               Camp
               near
            
             Berwick
             ,
             Printed
             A.
             1640.
             will
             find
             this
             Fact
             too
             true
             :
             and
             the
             Letter
             there
             likewise
             Printed
             ,
             which
             was
             under
             the
             hands
             of
             the
             Leading
             men
             of
             the
             Presbyterian
             Faction
             in
             Scotland
             writ
             to
             the
             French
             King
             ,
             and
             wherein
             his
             assistance
             is
             implored
             .
          
        
         
           
           
             A.
             
          
           
             But
             by
             that
             Act
             about
             the
             Supremacy
             in
             Scotland
             ,
             A.
             1669.
             that
             you
             read
             to
             me
             ,
             I
             see
             that
             
               the
               old
               Leaven
            
             of
             Presbytery
             is
             there
             sufficiently
             
               purged
               out
            
             ,
             and
             that
             the
             very
             mass
             of
             Blood
             in
             mens
             Principles
             relating
             to
             the
             Regal
             Power
             is
             universally
             sweeten'd
             .
          
        
         
           
             B.
             
          
           
             You
             have
             great
             reason
             to
             judge
             so
             ;
             and
             if
             you
             had
             read
             the
             Scotch
             Statutes
             since
             the
             year
             1660
             ,
             you
             would
             find
             the
             Body
             of
             that
             Nation
             having
             the
             
               temperamentum
               ad
               pondus
            
             for
             Loyalty
             .
          
           
             And
             your
             having
             mention'd
             the
             
               old
               Leaven
            
             there
             purged
             away
             ,
             minds
             me
             of
             minding
             you
             that
             that
             Nation
             having
             so
             nobly
             discharged
             its
             moral
             offices
             in
             that
             Case
             ,
             ought
             to
             be
             absolv'd
             in
             the
             thoughts
             of
             all
             the
             Loyal
             from
             the
             Fact
             of
             its
             former
             deflection
             from
             Loyalty
             :
             and
             that
             the
             great
             measures
             of
             Christian
             Charity
             ought
             to
             extend
             beyond
             that
             Judgment
             of
             Seneca
             ,
             that
             
               poenitens
               est
               fere
               innocens
            
             ,
             and
             even
             as
             far
             as
             S.
             
             Paul's
             generous
             discharge
             of
             the
             Corinthians
             on
             their
             having
             purged
             out
             that
             ferment
             ,
             viz.
             
               For
               behold
               what
               carefulness
               it
               wrought
               in
               you
               ,
               what
               clearing
               of
               your selves
               ,
               yea
               ,
               what
               indignation
               ,
               yea
               ,
               what
               fear
               ,
               yea
               ,
               what
               vehement
               desire
               ,
               yea
               ,
               what
               zeal
               ,
            
             &c.
             
             
               In
               all
               things
               ye
               have
               approved
               your selves
               to
               be
               clear
               in
               this
               Matter
               .
            
             Look
             on
             their
             Acts
             of
             Parliament
             in
             the
             time
             of
             K.
             Charles
             the
             Second
             ,
             by
             one
             of
             which
             it
             is
             declared
             ,
             That
             
               his
               Majesty
               his
               Heirs
               and
               Successors
               ,
               by
               Uirtue
               of
               the
               Royal
               Power
               which
               they
               hold
               from
               God
               Almighty
               over
               this
               Kingdom
               ,
               shall
               have
               the
               sole
               Choice
               and
               Appointment
               of
               Officers
               of
               State
               ,
               and
               Councellors
               and
               Iudges
            
             ;
             and
             by
             another
             ,
             That
             the
             Estates
             of
             Parliament
             considering
             that
             
               the
               Kings
               of
               this
               Realm
               deriving
               their
               Power
               from
               God
               Almighty
               do
               succeed
               Lineally
               thereunto
               .
            
             And
             I
             can
             direct
             you
             to
             another
             ,
             that
             contains
             in
             it
             so
             strange
             a
             Resignation
             to
             the
             
             King's
             measures
             ,
             as
             may
             make
             you
             again
             wonder
             at
             the
             possibility
             of
             such
             a
             temper
             ,
             and
             not
             to
             be
             equall'd
             by
             any
             thing
             I
             have
             read
             of
             ▪
             but
             that
             pang
             of
             Zeal
             wherewith
             so
             many
             once
             at
             Cambridge
             were
             affected
             for
             Edward
             the
             Senior
             ,
             when
             they
             swore
             
               to
               will
               what
               he
               willed
            
             ;
             I
             mean
             that
             Act
             of
             Parliament
             in
             Scotland
             An.
             1661.
             
             
               Concerning
               the
               League
               and
               Covenant
               ,
               and
               discharging
               the
               renewing
               thereof
               without
               his
               Majesties
               Warrant
               and
               Approbation
               .
            
             The
             Act
             concludes
             with
             an
             Inhibition
             ,
             
               That
               none
               presume
               to
               renew
               that
               Covenant
               or
               any
               other
               League
               or
               Covenant
               without
               his
               Majesties
               special
               Warrant
               so
               to
               do
               .
            
             Thus
             then
             that
             Covenant
             tho
             by
             them
             so
             much
             nauseated
             ,
             they
             shew'd
             themselves
             ready
             again
             to
             swallow
             ,
             if
             his
             Majesty
             for
             any
             such
             reasons
             of
             State
             ,
             as
             they
             could
             not
             foresee
             ,
             should
             enjoyn
             them
             so
             to
             do
             .
          
        
         
           
             A.
             
          
           
             You
             do
             indeed
             make
             me
             wonder
             at
             this
             great
             example
             of
             the
             tenderness
             and
             extent
             of
             loyal
             Obedience
             in
             Scotland
             .
          
        
         
           
             B.
             
          
           
             I
             can
             tell
             you
             of
             another
             Act
             of
             Parliament
             ,
             viz.
             the
             
               5th
               Act
            
             of
             the
             second
             Session
             of
             the
             second
             Parliament
             of
             K.
             Charles
             the
             
               2d
               Edenburgh
            
             13.
             
             
               August
               The
               Act
               against
               Conventicles
            
             ,
             where
             their
             very
             Zeal
             against
             them
             is
             a
             Wall
             of
             Fire
             to
             guard
             the
             Dispensative
             Power
             .
             The
             Act
             runns
             thus
             ,
             
               Forasmuch
               as
               the
               Assembling
               and
               Convocating
               his
               Majesties
               Subjects
               without
               his
               Majesties
               Warrant
               and
               Authority
               is
               a
               most
               dangerous
               and
               unlawful
               Practice
               ,
               prohibited
               and
               discharged
               by
               several
               Laws
               and
               Acts
               of
               Parliament
               under
               high
               and
               great
               Pains
               ,
            
             &c.
             
               for
               the
               suppressing
               and
               preventing
               of
               which
               for
               the
               time
               to
               come
               ,
               his
               Majesty
               with
               Advice
               and
               Consent
               of
               his
               Estates
               of
               Parliament
               ,
               hath
               thought
               sit
               to
               Statute
               and
               Enact
               ,
            
             &c.
             
             
               That
               no
               outed
               Ministers
               who
               are
               not
            
             LICENSED
             
               by
               the
               Councel
               ,
               Persons
               not
               Authorized
               or
            
             TOLERATED
             
               by
               the
               Bishop
               of
               the
               Diocess
               ,
               presume
               to
               Preach
               ,
               expound
               Scripture
               ,
               or
               pray
               in
               any
               Meeting
               ,
            
             &c.
             
               and
               that
               none
               be
               present
               at
               any
               Meeting
               without
               the
               Family
            
             
             
               to
               which
               they
               belong
               ,
               where
               any
               not
               licensed
               ,
               authorized
               nor
               tolerated
               ,
               as
               said
               is
               ,
               shall
               Preach
               ,
               expound
               Scripture
               ,
               or
               Pray
               ,
            
             &c.
             
          
        
         
           
             A.
             
          
           
             The
             Act
             for
             Uniformity
             here
             16
             Car.
             2.
             doth
             justice
             to
             the
             Prerogative
             of
             the
             Crown
             in
             dispensing
             ,
             by
             taking
             care
             that
             the
             Penalties
             in
             it
             shall
             not
             extend
             to
             the
             
               Foreigners
               or
               Aliens
               of
               the
               forriegn
               Reform'd
               Churches
               allow'd
               or
               to
               be
               allow'd
               by
               the
               King's
               Majesty
               ,
               his
               Heirs
               and
               Successors
               in
               England
               ,
            
             and
             which
             were
             granted
             to
             them
             with
             
             non-obstante's
             to
             all
             Acts
             of
             Parliament
             .
          
        
         
           
             B.
             
          
           
             And
             the
             Act
             22
             o
             Car.
             2.
             entitled
             ,
             
               Seditious
               Conventicles
               prevented
               and
               suppressed
            
             ,
             passing
             in
             the
             Parliament
             of
             England
             in
             the
             same
             Year
             that
             the
             Act
             against
             Conventicles
             did
             in
             Scotland
             ,
             and
             concluding
             with
             a
             
               Proviso
               ,
               
                 That
                 nothing
                 therein
                 contained
                 ,
                 shall
                 extend
                 to
                 invalidate
                 or
                 avoid
                 his
                 Majesties
                 Supremacy
                 in
                 Ecclesiastical
                 Affairs
                 ,
                 but
                 that
                 his
                 Majesty
                 and
                 his
                 heirs
                 and
                 Successors
                 may
                 from
                 time
                 to
                 time
                 ,
              
               &c.
               
                 exercise
                 and
                 enjoy
                 all
                 Power
                 and
                 Authority
                 in
                 Ecclesiastical
                 Affairs
                 ,
              
               &c.
               
                 any
                 thing
                 in
                 this
                 Act
                 notwithstanding
                 ,
              
            
             shewed
             such
             a
             Concordant
             Sympathy
             between
             the
             two
             Realms
             in
             tenderness
             for
             the
             prerogative
             of
             dispensing
             with
             the
             Penal
             Laws
             Ecclesiastical
             ,
             as
             is
             between
             the
             Strings
             of
             two
             distant
             Lutes
             ,
             on
             the
             touching
             the
             String
             but
             of
             one
             of
             them
             .
             But
             I
             must
             tell
             you
             ,
             that
             tho
             by
             this
             Proviso
             the
             benefit
             of
             the
             Dispensative
             Power
             hath
             been
             sufficiently
             secured
             to
             the
             Churches
             of
             Forreigners
             here
             ,
             and
             the
             King
             's
             Ecclesiastical
             Supremacy
             justify'd
             in
             its
             power
             of
             indulging
             the
             Conventicles
             of
             all
             sorts
             of
             Recusants
             ,
             yet
             as
             in
             the
             Scotch
             Act
             the
             Crown
             's
             dispensing
             with
             Conventicles
             hath
             been
             more
             express
             then
             in
             the
             English
             Act
             ,
             so
             hath
             the
             administration
             of
             Prerogative
             in
             that
             kind
             been
             more
             tenderly
             and
             signally
             exercised
             in
             Scotland
             ,
             then
             I
             have
             observ'd
             it
             to
             be
             in
             England
             .
          
           
             For
             I
             find
             in
             a
             Look
             call'd
             
               A
               Compendious
               History
               of
               the
               m●…st
               remarkable
               Passages
               of
               the
               last
            
             14
             Years
             ,
             &c.
             
               printed
               An.
            
             1680.
             that
             in
             p.
             205.
             the
             Author
             referring
             to
             the
             Month
             of
             Iuly
             ,
             1677.
             saith
             ,
             that
             
               upon
               a
               Rebellion
               in
               that
               Kingdom
               being
               nipt
               in
               the
               Bud
               ,
               his
               Majesty
               was
               pleas'd
               to
               publish
               a
               Proclamation
               ,
               
                 Commanding
                 the
                 Iudges
                 and
                 all
                 Magistrates
                 to
                 apprehend
                 and
                 punish
                 all
                 such
                 as
                 frequented
                 any
                 Field-Conventicles
                 ,
              
               &c.
               
                 according
                 to
                 the
                 Prescript
                 of
                 the
                 Law
                 ,
                 as
                 also
                 to
                 prosecute
                 with
                 all
                 Legal
                 Rigour
                 the
                 execrable
                 Murtherers
                 of
                 the
                 late
                 Arch-Bishop
                 of
                 St.
              
            
             Andrews
             :
             
               declaring
               withal
               that
               his
               Majesty
               being
               desirous
               to
               reclaim
               all
               such
               as
               had
               been
               mis-lead
               through
               Ignorance
               or
               blind
               zeal
               ,
               had
               according
               to
               the
               Power
               reserved
               to
               his
               Majesty
               by
               the
               5th
               Act
               in
               the
               2d
               Session
               of
               the
               2d
               Parliament
               ,
               suspended
               the
               execution
               of
               all
               Laws
               and
               Acts
               against
               such
               as
               frequent
               house-Conventicles
               on
               the
               south-side
               of
               the
               River
            
             Tay
             ,
             
               excepting
               the
               Town
               of
            
             Edenburgh
             ,
             
               and
               two
               Miles
               round
               the
               same
               ,
            
             &c.
             
          
           
             And
             the
             truth
             is
             ,
             it
             must
             likewise
             be
             to
             the
             honour
             of
             that
             Nation
             acknowledged
             that
             in
             the
             worst
             of
             Times
             ,
             they
             after
             their
             Covenant
             did
             not
             Contract
             any
             such
             guilt
             of
             Perjury
             by
             a
             superfetation
             of
             enterfering
             Oaths
             ,
             as
             great
             Numbers
             of
             our
             Land
             did
             :
             and
             that
             they
             were
             exemplary
             to
             England
             in
             Loyalty
             ,
             and
             in
             propping
             up
             the
             hereditary
             Monarchy
             ,
             while
             so
             many
             here
             in
             the
             Plott-Conjuncture
             were
             infatuated
             with
             the
             Project
             of
             the
             EXCLUSION
             ,
             as
             to
             give
             me
             occasion
             by
             a
             fresher
             instance
             ,
             and
             but
             of
             yesterdays
             occurrence
             to
             invite
             you
             to
             behold
             a
             Spectacle
             of
             the
             divine
             Iustice
             in
             abandoning
             such
             Men
             here
             to
             the
             guilt
             of
             Superstition
             who
             used
             unjust
             means
             to
             
               extirpate
               it
            
             .
          
           
             Such
             among
             us
             who
             had
             not
             took
             notice
             of
             that
             English
             and
             
               Scotch
               SAINTE
               LIGUE
            
             ,
             and
             its
             being
             so
             generally
             exploded
             ,
             and
             who
             in
             the
             late
             Ferment
             about
             Popery
             would
             have
             fortify'd
             an
             Exclusion
             with
             an
             Association
             ;
             
             and
             again
             set
             up
             Association
             as
             
               of
               Divine-Off-spring
            
             ,
             you
             see
             how
             being
             wild
             with
             excessive
             Fears
             and
             Iealousies
             of
             the
             growth
             of
             Popery
             ,
             they
             were
             guilty
             of
             the
             Superstition
             of
             
               founding
               Dominion
               in
               Grace
            
             .
          
        
         
           
             A.
             
          
           
             Considering
             how
             Men
             here
             have
             laughed
             at
             the
             Obligation
             of
             their
             lawful
             Oaths
             ,
             and
             that
             for
             unlawful
             Oaths
             a
             
               Land
               mourns
            
             ,
             methinks
             't
             is
             an
             adventurous
             thing
             for
             a
             Prince
             to
             take
             possession
             of
             his
             Inheritance
             of
             the
             Empire
             of
             such
             a
             Land
             so
             encumbred
             with
             the
             guilt
             of
             Swearing
             and
             Forswearing
             .
          
           
             O
             when
             may
             we
             see
             that
             antient
             general
             tenderness
             in
             point
             of
             Oaths
             here
             ,
             that
             flourished
             among
             us
             in
             the
             days
             of
             our
             first
             Reformation
             :
             nay
             even
             in
             some
             times
             of
             our
             
               Roman
               Catholick
            
             Ancestors
             !
          
        
         
           
             B.
             
          
           
             I
             believe
             never
             ,
             till
             after
             all
             the
             living
             here
             being
             resolved
             to
             dust
             ,
             and
             a
             new
             Race
             of
             Mankind
             enriching
             themselves
             and
             their
             Country
             by
             the
             Culture
             of
             the
             Earth
             and
             Manufactures
             ,
             men
             shall
             be
             above
             Temptations
             from
             necessity
             ,
             to
             take
             God's
             Name
             in
             vain
             ;
             and
             when
             the
             very
             use
             of
             Oaths
             Assertory
             or
             Promissory
             ,
             will
             be
             dispens'd
             with
             by
             Nature
             .
          
           
             I
             am
             sure
             the
             Spectacle
             of
             mangled
             and
             slaughter'd
             Bodies
             covering
             a
             Field
             immediately
             after
             a
             Battle
             hath
             not
             more
             horror
             in
             it
             ,
             then
             the
             sight
             of
             the
             Consciences
             mai'md
             and
             wounded
             by
             the
             inobservance
             of
             publick
             Oaths
             hath
             been
             since
             the
             Aera
             of
             41.
             
          
           
             And
             as
             our
             Chronicles
             mention
             ,
             that
             
               they
               who
               were
               born
               in
            
             England
             
               the
               Year
               after
               the
               great
               Mortality
               An.
            
             1349.
             
               wanted
               some
               of
               their
               cheek
               Teeth
               ,
            
             I
             may
             say
             that
             generally
             they
             who
             have
             been
             born
             here
             the
             Years
             after
             41.
             wherein
             the
             Plague
             of
             Perjury
             by
             the
             outraging
             those
             Oaths
             of
             Allegiance
             and
             Supremacy
             was
             so
             epidemical
             ,
             have
             seem'd
             able
             only
             to
             swallow
             those
             Oaths
             ,
             but
             not
             to
             ●…hew
             upon
             them
             in
             serious
             and
             considerate
             thoughts
             :
             no
             not
             at
             the
             very
             frequent
             times
             of
             their
             
               taking
               them
            
             .
          
           
             And
             still
             tho
             in
             speculative
             Points
             in
             
               England
               Consulitur
               de
               Religione
            
             ;
             yet
             
               conclamatum
               est
            
             as
             to
             a
             general
             tender
             regard
             to
             the
             Religion
             of
             those
             Oaths
             .
          
           
             There
             was
             (
             I
             think
             )
             a
             want
             of
             tenderness
             in
             some
             as
             to
             their
             sworn
             assisting
             and
             
               defending
               all
               the
               Priviledges
               and
               Preheminences
               belonging
               to
               the
               Crown
               ,
            
             during
             the
             late
             Ferment
             about
             my
             Lord
             
             Danby's
             Pardon
             :
             and
             I
             may
             more
             sadly
             reflect
             on
             the
             same
             Mens
             want
             of
             recollecting
             their
             Oath
             obliging
             them
             to
             the
             
               King
               his
               Heirs
               and
               Successors
            
             at
             the
             time
             of
             the
             Ferment
             about
             the
             Exclusion
             .
          
        
         
           
             A.
             
          
           
             I
             think
             that
             many
             who
             by
             repentance
             have
             been
             cured
             of
             the
             Epidemical
             Plague
             of
             Perjury
             that
             reged
             here
             in
             41.
             and
             of
             such
             a
             Plague
             ,
             and
             another
             of
             Fears
             and
             Iealousies
             since
             81
             ,
             have
             yet
             sustain'd
             more
             damage
             thereby
             ,
             then
             they
             who
             were
             born
             the
             Year
             after
             1349
             did
             in
             wanting
             some
             of
             their
             
               Cheek
               Teeth
            
             ;
             and
             that
             their
             case
             is
             like
             that
             of
             those
             who
             were
             recover'd
             of
             the
             great
             Plague
             at
             Athens
             that
             Thucydides
             hath
             described
             ,
             and
             who
             tells
             us
             ,
             that
             after
             their
             recovery
             ,
             their
             Souls
             had
             lost
             the
             faculty
             of
             Memory
             ,
             and
             were
             dozed
             with
             an
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             about
             what
             themselves
             had
             done
             ,
             or
             what
             had
             passed
             in
             the
             World
             during
             the
             horror
             of
             that
             very
             Plague
             ,
             or
             before
             or
             since
             .
             But
             after
             all
             this
             said
             ,
             I
             am
             to
             ask
             you
             if
             you
             will
             make
             all
             those
             perjured
             who
             having
             took
             the
             Oaths
             of
             Allegiance
             and
             Supremacy
             ,
             promoted
             the
             exclusion
             ?
          
        
         
           
             B.
             
          
           
             By
             no
             means
             .
             I
             have
             more
             Humanity
             and
             Christian
             Charity
             then
             to
             do
             so
             .
             I
             shall
             here
             observe
             to
             you
             that
             Divines
             in
             their
             measures
             of
             Mens
             sinful
             Actions
             do
             often
             make
             use
             of
             the
             distinction
             of
             materialiter
             and
             formaliter
             .
             Thus
             for
             example
             ,
             Ames
             in
             his
             Cases
             of
             Conscience
             l.
             5.
             c.
             53.
             
             
               Si
               quis
               falsum
               dicit
               ,
               putans
               esse
               verum
               ,
               mentitur
               tantum
               materialiter
               .
               Si
               quis
               verum
               dicit
               ,
               putans
               esse
               falsum
               ,
               mentitur
               formaliter
               .
            
             And
             he
             having
             
             before
             in
             l.
             4
             c.
             4
             viz
             
               Of
               Heresy
            
             ,
             made
             pertinacy
             a
             requisite
             to
             a
             man's
             being
             formally
             an
             Heretick
             ,
             and
             said
             that
             
               Pertinax
               est
               qui
               non
               est
               paratus
               Captivare
               intellectum
               &
               rationem
               suam
               omnem
               Sacrae
               Scripturae
               ,
            
             adds
             ,
             
               Haereticus
               igitur
               potest
               esse
               quis
            
             materialiter
             ,
             
               dum
               assensum
               praebet
               erro●…i
               pernicioso
               ,
               vel
               ex
               simplici
               facilitate
               out
               temeritate
               haereticis
               or
               dendi
               qui
               sub
               honestâ
               aliquâ
               specie
               fallunt
               ,
               vel
               ex
               ignorantiâ
            
             qui
             ●…ormaliter
             
               non
               est
               haereticus
               :
               cum
               pertinacia
               &
               obstinatio
               animi
               deest
               ,
               atque
               adeo
               pro
               simpliciter
               haeretic●…
               non
               est
               babendus
               .
            
             Concordant
             with
             these
             measures
             of
             Ames
             ,
             have
             I
             observ'd
             those
             of
             some
             ingenuous
             Roman-Catholick
             Writers
             ,
             who
             have
             declared
             that
             they
             will
             not
             pronounce
             all
             Protestants
             to
             be
             
               Hereticks
               formaliter
            
             .
          
           
             And
             it
             is
             therefore
             no
             wonder
             that
             such
             their
             Judgment
             of
             Charity
             hath
             been
             retaliated
             by
             some
             of
             the
             most
             Renowned
             Divines
             of
             the
             Church
             of
             England
             ,
             viz.
             the
             
               Lord
               Primate
            
             Bramhal
             ,
             Bishop
             Taylor
             ,
             Dr.
             Hammond
             and
             others
             ,
             who
             have
             deny'd
             to
             pronounce
             the
             worshipping
             the
             Host
             to
             be
             formal
             Idolatry
             ;
             that
             is
             to
             say
             ,
             to
             be
             not
             so
             at
             all
             in
             reality
             ,
             since
             we
             know
             that
             according
             to
             the
             trite
             Rule
             ,
             
               forma
               dat
               esse
            
             .
          
           
             And
             thus
             that
             Primate
             in
             his
             
               Schism
               Guarded
            
             saith
             very
             well
             for
             that
             purpose
             ,
             p.
             57.
             
             
               Every
               one
               who
               is
               involved
            
             materially
             
               in
               a
               Schism
               is
               not
               a
            
             formal
             
               Schismatick
               ,
               more
               then
               she
               that
               Marries
               after
               long
               expectation
               ,
               believing
               and
               having
               reason
               to
               believe
               that
               h●…r
               former
               Husband
               was
               dead
               is
            
             a
             formal
             
               Adulteress
               ,
               or
               then
               he
               who
               is
               drawn
               to
               give
               Divine
               Worship
               to
               a
               Creature
               by
               some
               misapprehension
               ,
               yet
               addressing
               his
               Devotions
               to
               the
               true
               God
               ,
               is
            
             a
             formal
             Idolater
             .
             And
             having
             there
             cited
             S.
             Austin
             of
             
               Heresy
               ,
               He
               who
               did
               not
               run
               into
               his
               error
               out
               of
               his
               own
               over-weening
               Presumption
               ▪
               nor
               defends
               it
               pertinaciously
               ,
               but
               receiv'd
               it
               from
               his
               seduced
               Parents
               ,
               and
               is
               careful
               to
               search
               out
               the
               truth
               ,
               and
               ready
               to
               be
               Corrected
               if
               he
               find
               it
               cut
               ,
               he
               is
               not
               to
               be
               reputed
               among
               Hereticks
            
             ;
             he
             saith
             ,
             
               it
               is
               much
               more
               true
               of
               Schism
               ,
               that
               he
               who
               is
               involv'd
               in
               Schism
               through
               the
               error
               of
               his
               Parents
               or
               Predecessors
               ,
               who
               carefully
               seeketh
               after
               truth
               ,
               and
               is
               prepared
               in
               his
               mind
               to
               embrace
               it
               whensoever
               he
               finds
               it
               ,
               he
               is
               not
               to
               be
               reputed
               a
               Schismatick
               .
            
          
           
             I
             know
             Azorius
             de
             Iuramento
             gives
             his
             Judgment
             well
             
               in
               thesi
               ,
               That
               when
               a
               Law
               is
               changed
               to
               which
               a
               man
               is
               bound
               by
               Oath
               ,
               tho
               he
               is
               thereby
            
             materially
             
               discharged
               ,
               yet
            
             formally
             
               he
               is
               bound
               in
               respect
               of
               his
               will
               :
               for
               if
               ever
               he
               actually
               assents
               to
               the
               alteration
               ,
               he
               is
               really
               perjured
               .
            
             And
             so
             leaving
             it
             to
             such
             who
             were
             Men
             of
             great
             Knowledge
             and
             Consideration
             ,
             and
             had
             took
             the
             Oaths
             ,
             and
             were
             ready
             to
             promo'e
             a
             new
             Law
             for
             altering
             the
             hereditary
             Monarchy
             ;
             to
             think
             of
             the
             danger
             they
             incurred
             of
             the
             formal
             guilt
             of
             that
             Crime
             ,
             I
             have
             more
             Charity
             then
             to
             conclude
             all
             the
             rash
             ,
             and
             the
             incogitant
             ,
             and
             the
             weak
             ,
             and
             the
             seduced
             by
             the
             fantastick
             Interpretation
             of
             the
             Oath
             ,
             to
             have
             been
             perjured
             .
          
           
             But
             as
             about
             the
             year
             1164.
             
             Thomas
             Archbishop
             of
             Canterbury
             was
             at
             a
             Council
             held
             at
             Northampton
             accused
             by
             the
             King
             of
             Perjury
             ,
             and
             
               Condemned
               as
               guilty
               of
               it
               ,
               because
               he
               had
               not
               observ'd
               those
               English
               Customs
               that
               he
               was
               sworn
               to
            
             (
             as
             I
             find
             
               Francisc.
               Long.
               de
               Concil
            
             .
             p.
             806.
             
             Col.
             1.
             cited
             for
             it
             )
             so
             if
             you
             have
             taken
             the
             Oath
             of
             Supremacy
             ,
             and
             Sworn
             
               to
               defend
               all
               the
               Privileges
               and
               Preheminences
               granted
               or
               belonging
               to
               the
               King
               ,
               his
               Heirs
               and
               Successors
               ,
               and
               united
               to
               the
               Imperial
               Crown
               of
               this
               Realm
               ,
            
             and
             are
             of
             opinion
             that
             one
             of
             the
             Privileges
             of
             those
             Heirs
             and
             Successors
             is
             to
             succéed
             to
             that
             Crown
             as
             it
             comes
             to
             their
             turn
             according
             to
             Proximity
             of
             Blood
             ,
             and
             by
             their
             inherent
             Birth-right
             ,
             and
             as
             the
             Hereditary
             Succession
             
               ju●…e
               Coronae
            
             is
             setled
             by
             the
             Common
             Law
             of
             England
             ,
             I
             shall
             tell
             you
             that
             the
             Pious
             and
             profound●…ly
             Learned
             Divine
             Dr.
             Hicks
             ,
             who
             hath
             study'd
             this
             Point
             as
             much
             as
             any
             man
             ,
             hath
             in
             his
             Writings
             told
             you
             that
             having
             
             taken
             this
             Oath
             ,
             you
             could
             not
             honestly
             consent
             to
             a
             Bill
             of
             
               Exclusion
               ,
               which
               would
               have
               deprived
               the
               next
               Heir
               (
               and
               in
               him
               virtually
               the
               whole
               royal
               Family
               )
            
             of
             
               the
               chief
               Privilege
               and
               Preheminence
               that
               belong'd
               to
               him
               by
               the
               Common
               Law
               of
               this
               Realm
               ,
            
             &c.
             
          
           
             Your
             Curiosity
             (
             I
             believe
             )
             hath
             led
             you
             to
             read
             over
             his
             learned
             Iovian
             ,
             and
             to
             observe
             what
             he
             there
             saith
             in
             his
             Preface
             ,
             that
             
               some
               Men
               did
               pervert
               the
               meaning
               of
               the
               word
               Heirs
               in
               the
               
                 Oaths
                 of
                 Allegiance
                 and
                 Supremacy
              
               ,
               from
               its
               common
               and
               usual
               acceptation
               to
               another
               more
               special
               ,
               on
               purpose
               to
               elude
               the
               force
               and
               Obligation
               which
               otherwise
               they
               must
               have
               had
               on
               
                 the
                 Consciences
              
               of
               the
               
                 Excluders
                 themselves
              
               .
            
          
           
             But
             it
             is
             not
             only
             the
             Authority
             of
             this
             single
             great
             Divine
             that
             I
             can
             lay
             before
             your
             thoughts
             for
             the
             rendring
             the
             Attempt
             of
             the
             Exclusion
             contrary
             to
             our
             Oath
             :
             but
             I
             can
             direct
             you
             to
             the
             censure
             of
             the
             
               three
               Estates
            
             of
             a
             Loyal
             Nation
             ,
             and
             of
             His
             late
             Maj●…sty
             in
             the
             case
             .
             For
             the
             Oaths
             in
             Scotland
             ,
             binding
             the
             takers
             both
             to
             the
             King
             and
             his
             Heirs
             and
             Successors
             as
             ours
             do
             here
             ,
             I
             can
             tell
             you
             that
             in
             the
             Third
             Parliament
             of
             King
             Charles
             the
             Second
             ,
             Aug.
             13.
             1681.
             you
             will
             find
             the
             Act
             in
             these
             words
             ,
             viz.
             
               The
               Estates
               of
               Parliament
               considering
               that
               the
               Kings
               of
               this
               Realm
               deriving
               their
               Royal
               Power
               from
               God
               Almighty
               alone
               ,
               do
               succeed
               lineally
               thereto
               ,
               according
               to
               the
               known
               degrees
               of
               Proximity
               in
               Blood
               ,
               which
               cannot
               be
               interrupted
               ,
               suspended
               ,
               or
               diverted
               by
               any
               Act
               or
               Statute
               whatsoever
               ,
               and
               that
               none
               can
               attempt
               to
               alter
               or
               divert
               the
               said
               Succession
               without
               involving
               the
               Subjects
               of
               this
               Kingdom
               in
               Perjury
               and
               Rebellion
               ,
            
             &c.
             
          
           
             I
             know
             that
             during
             the
             late
             
               turbid
               interval
            
             of
             the
             Nation
             ,
             some
             Loyal
             men
             of
             the
             Church
             of
             England
             were
             so
             much
             misguided
             ,
             as
             to
             think
             that
             because
             
               de
               facto
            
             Parliaments
             
               have
               heretofore
               directed
               and
               limited
               the
               succession
               of
               the
               Crown
               in
               other
               manner
               ,
               then
               in
               course
               it
               would
               otherwise
               have
               gone
            
             (
             as
             the
             words
             in
             the
             Printed
             Exclusion-Bill
             were
             )
             they
             might
             therefore
             of
             right
             do
             so
             again
             ;
             notwithstanding
             they
             knew
             that
             after
             the
             Parliament
             of
             King
             Iames
             to
             prevent
             the
             Right
             of
             Succession
             from
             fluctuating
             any
             more
             ,
             had
             justly
             recognized
             and
             declared
             ,
             That
             
               the
               Imperial
               Crown
               of
               this
               Realm
               ,
            
             and
             
               Rights
               belonging
               to
               the
               same
               ,
               did
               by
               inherent
               Birth-right
               and
               lawful
               and
               undoubted
               Succession
               descend
               and
               come
               to
               him
               ,
               as
               being
               lineally
               ,
               justly
               and
               lawfully
               next
               and
               sole
               Heir
               of
               the
               Blood
               Royal
               of
               this
               Realm
               ,
            
             it
             did
             afterward
             by
             a
             New
             
               Oath
               of
               Obedience
            
             or
             Allegiance
             ,
             oblige
             mens
             Consciences
             both
             to
             the
             Crown
             and
             the
             hereditary
             lineal
             Succession
             ,
             and
             notwithstanding
             they
             knew
             that
             that
             Parliament
             had
             took
             care
             of
             continuing
             the
             Obligation
             of
             the
             Oath
             of
             Supremacy
             for
             the
             
               bearing
               Faith
               and
               true
               Allegiance
               to
               the
               King
               ,
               his
               Heirs
               and
               lawful
               Successors
               ,
               and
               to
               assist
               and
               defend
               all
               Privileges
               ,
               and
               Preheminences
               and
               Authorities
               granted
               or
               belonging
               to
               the
               King
               ,
               his
               Heirs
               and
               Successors
               ,
            
             &c.
             
          
           
             But
             I
             doubt
             not
             but
             the
             Consciences
             of
             the
             Considerate
             Loyal
             ,
             now
             expostulating
             with
             them
             in
             the
             cool
             of
             the
             day
             ,
             whether
             they
             did
             then
             well
             in
             being
             angry
             with
             the
             Imposers
             sense
             of
             their
             Oaths
             ,
             and
             in
             not
             penetrating
             into
             the
             Obligations
             thereby
             incurred
             ;
             and
             particularly
             in
             not
             weighing
             whether
             such
             who
             had
             taken
             those
             Oaths
             ,
             and
             yet
             by
             Projects
             and
             Expedients
             would
             have
             banish'd
             the
             Heir
             even
             after
             he
             should
             come
             to
             be
             Actual
             Successor
             from
             the
             effects
             of
             their
             Sworn
             Allegiance
             ,
             and
             of
             their
             Sworn
             Assistance
             and
             Defence
             of
             
               all
               Privileges
               and
               Preheminences
               and
               Authorities
               granted
               ,
               or
               belonging
               ,
            
             &c.
             had
             not
             visibly
             out-ran
             their
             Oaths
             ,
             they
             will
             recollect
             the
             late
             dreadful
             want
             of
             tenderness
             for
             the
             observance
             of
             the
             same
             .
          
           
           
             It
             will
             be
             hard
             for
             many
             men
             on
             a
             serious
             Self-examination
             to
             reflect
             otherwise
             on
             themselves
             ,
             after
             that
             Sir
             
               W.
               I.
            
             himself
             (
             as
             the
             Printed
             Speeches
             in
             the
             Oxford-Parliament
             have
             it
             )
             call'd
             an
             Expedient
             of
             that
             kind
             
               Iesuite's
               Powder
            
             ,
             and
             mentioned
             that
             
               on
               the
               Heirs
               coming
               to
               the
               title
               of
               King
               ,
               the
               learned
               Lawyers
               say
               ,
               that
               by
            
             1.
             
             H.
             7.
             
               all
               Incapacity
               is
               taken
               away
               by
               the
               Possession
               of
               the
               Crown
               ,
            
             and
             after
             that
             another
             learned
             Lawyer
             had
             there
             said
             ,
             
               I
               owe
               the
               Duke
               Obedience
               if
               he
               be
               King
               :
               but
               if
               he
               be
               King
               and
               have
               no
               Power
               to
               Govern
               ,
               he
               is
               the
               King
               and
               no
               King
               :
            
             and
             had
             before
             said
             ,
             That
             
               an
               Act
               of
               Parliament
               against
               Common
               sense
               is
               void
               .
               To
               make
               a
               man
               King
               ,
               and
               not
               suffer
               him
               to
               exercise
               Kingly
               Power
               ,
               is
               a
               Contradiction
               .
            
          
           
             And
             I
             am
             sure
             't
             is
             a
             Contradiction
             to
             nothing
             more
             then
             our
             Oaths
             .
          
           
             I
             desire
             not
             by
             referring
             to
             the
             breach
             of
             those
             Oaths
             to
             touch
             the
             tenderness
             of
             any
             man's
             sore
             place
             ,
             or
             to
             reproach
             him
             as
             to
             what
             he
             hath
             done
             for
             the
             time
             past
             ;
             but
             to
             promote
             the
             tenderness
             of
             his
             Conscience
             :
             and
             that
             his
             Conscience
             may
             not
             
               reproach
               him
            
             for
             the
             time
             to
             come
             ,
             for
             not
             assisting
             and
             defending
             all
             Privileges
             and
             Preheminences
             belonging
             to
             the
             Crown
             .
          
           
             When
             I
             consider
             the
             noble
             and
             vigorous
             Loyalty
             that
             your self
             and
             others
             who
             were
             mistaken
             in
             the
             Point
             of
             the
             Exclusion
             ,
             have
             since
             shewn
             in
             the
             Service
             of
             His
             gracious
             Majesty
             ,
             and
             the
             great
             Care
             that
             you
             and
             they
             in
             the
             Post
             where
             you
             were
             ▪
             took
             in
             the
             Settlement
             of
             his
             Revenue
             ,
             and
             of
             avoiding
             the
             Character
             of
             those
             of
             
               Israel
               ,
               who
               brought
               their
               newly
               anointed
               King
               no
               Presents
            
             ;
             and
             your
             read●…ness
             at
             his
             call
             to
             venture
             your
             life
             for
             the
             support
             of
             his
             Crown
             :
             and
             do
             observe
             in
             you
             and
             them
             a
             fix'd
             Preparation
             of
             mind
             for
             the
             defence
             of
             every
             Privilege
             ,
             that
             is
             made
             to
             appear
             to
             you
             as
             belonging
             to
             the
             Crown
             ,
             and
             that
             your
             Loyalty
             like
             a
             bone
             well
             sett
             is
             the
             firmer
             for
             having
             been
             broken
             ,
             I
             account
             that
             the
             
               Si
               non
               e●…rasset
               ,
               fecerat
               ille
               minùs
               ,
            
             may
             be
             apply'd
             to
             you
             ,
             and
             that
             after
             His
             Majesty's
             Pardon
             and
             the
             Series
             of
             your
             Heroical
             Actions
             of
             Loyalty
             in
             his
             Service
             ,
             you
             ought
             by
             all
             equal
             Judges
             ,
             according
             to
             the
             Instance
             I
             mention'd
             before
             ,
             to
             be
             absolv'd
             ,
             as
             who
             
               in
               all
               things
               have
               approved
               your selves
               to
               be
               clear
               in
               this
               Matter
               .
            
          
           
             And
             I
             believe
             you
             being
             one
             of
             the
             Church
             of
             England
             ,
             the
             Adherents
             to
             which
             do
             now
             as
             generally
             call
             themselves
             
               The
               Loyal
            
             ,
             as
             the
             Independents
             did
             once
             vocife●…ate
             themselves
             to
             be
             
               The
               Saints
            
             ,
             and
             the
             Principles
             of
             which
             Church
             do
             enjoyn
             Remorse
             and
             Penitence
             ,
             and
             
               rending
               of
               the
               heart
            
             ,
             and
             as
             much
             tenderness
             to
             any
             who
             have
             disrobed
             the
             Crown
             of
             any
             of
             its
             Rights
             and
             Privileges
             ,
             as
             was
             in
             David
             when
             his
             heart
             smote
             him
             
               because
               he
               had
               cut
               off
               the
               skirt
               of
            
             Saul
             '
             
               s
               Garment
            
             ,
             and
             whose
             Divines
             do
             not
             only
             Preach
             the
             Doctrine
             of
             Non-resistance
             ,
             but
             whose
             Oaths
             bind
             to
             it
             ,
             and
             that
             of
             Supremacy
             binding
             to
             a
             positive
             Assistance
             of
             all
             Privileges
             ,
             &c.
             your
             ●…nlighten'd
             Conscience
             will
             be
             your
             constant
             Remembrancer
             against
             any
             relapse
             .
          
        
         
           
             A.
             
          
           
             I
             thank
             you
             for
             thus
             gently
             leading
             me
             by
             the
             hand
             to
             such
             a
             height
             of
             Noble
             thoughts
             relating
             to
             that
             Oath
             ,
             as
             from
             whence
             I
             am
             able
             to
             look
             back
             with
             grief
             on
             my
             past
             aberrations
             through
             inadvertence
             ,
             from
             what
             my
             Oath
             obliged
             me
             to
             in
             relation
             to
             the
             Support
             of
             the
             hereditary
             Monarchy
             (
             and
             concerning
             which
             Obligation
             ,
             the
             
               Casuistical
               Discussion
            
             you
             sent
             me
             did
             sufficiently
             illuminate
             me
             )
             and
             to
             take
             a
             prospect
             into
             my
             duty
             that
             lies
             before
             me
             to
             
               assist
               and
               defend
               to
               my
               Power
               all
               Iurisdictions
               ,
               Privileges
               ,
            
             &c.
             
               granted
               or
               belonging
               to
               the
               King's
               Highness
               ,
            
             &c.
             
               or
               united
               and
               annex'd
               to
               the
               Imperial
               Crown
               of
               this
               Realm
               .
            
          
           
             I
             am
             sensible
             that
             as
             some
             vain
             Swearers
             in
             common
             Discourse
             ,
             will
             upon
             their
             being
             occasionally
             reproved
             for
             it
             ,
             be
             apt
             to
             swear
             that
             they
             did
             not
             
             swear
             ,
             and
             that
             as
             there
             are
             Fools
             that
             say
             in
             their
             Souls
             that
             
               there
               is
               no
               God
            
             ,
             and
             that
             there
             is
             
               no
               Soul
            
             ;
             so
             there
             is
             a
             sort
             of
             careless
             men
             who
             having
             taken
             this
             great
             Promissory
             Oath
             ,
             will
             yet
             by
             their
             Actions
             deny
             their
             having
             sworn
             to
             assist
             and
             defend
             some
             of
             those
             Privileges
             ,
             and
             likewise
             be
             apt
             to
             say
             in
             their
             hearts
             they
             have
             not
             invoked
             God
             as
             Witness
             and
             Revenger
             in
             the
             case
             of
             that
             Oath
             ,
             and
             that
             they
             are
             not
             absolutely
             bound
             by
             it
             ,
             or
             but
             only
             by
             their
             reserved
             sense
             ;
             or
             as
             if
             a
             man
             representing
             his
             Country
             ,
             he
             were
             only
             to
             take
             a
             kind
             of
             formal
             Oath
             
               in
               animam
               Domini
            
             ,
             and
             not
             to
             venture
             his
             own
             Soul.
             
          
           
             But
             for
             my
             part
             ,
             I
             account
             it
             as
             vile
             to
             be
             perjured
             in
             a
             solemn
             Promissory
             Oath
             as
             in
             a
             judicial
             Assertory
             one
             ;
             and
             shall
             hereafter
             think
             my self
             as
             much
             bound
             to
             use
             all
             exactness
             and
             tenderness
             in
             the
             recollection
             o●…
             my
             thoughts
             after
             a
             Promissory
             Oath
             ,
             as
             every
             Man
             of
             Honour
             doth
             before
             an
             assertory
             Oath
             when
             he
             is
             a
             witness
             in
             a
             Court
             of
             Law.
             And
             I
             think
             that
             it
             is
             only
             the
             
               multitudo
               peccantium
            
             about
             solemn
             promissroy
             Oaths
             ,
             as
             for
             example
             ,
             about
             the
             promised
             assistance
             and
             defence
             of
             the
             Privileges
             of
             the
             Crown
             in
             the
             Oath
             of
             Supremacy
             ,
             that
             diminisheth
             the
             Shame
             and
             ●…gnominy
             of
             mens
             being
             either
             through
             corrupt
             affections
             or
             incogitancy
             (
             and
             the
             
               crassa
               negligentia
            
             which
             the
             Law
             makes
             to
             be
             
               dolus
               malus
               )
               Vacillant
            
             or
             Contradictory
             in
             the
             Series
             of
             their
             actings
             promised
             ,
             or
             through
             lachesse
             or
             subdolcus
             pretences
             withholding
             their
             performance
             of
             part
             of
             what
             they
             obliged
             themselves
             to
             do
             ;
             and
             that
             keeps
             the
             populace
             from
             a
             nauseous
             looking
             on
             them
             as
             falsarii
             ,
             and
             as
             much
             as
             on
             Witnesses
             produced
             in
             Courts
             ,
             who
             in
             the
             things
             asserted
             by
             their
             Testimony
             are
             for
             want
             of
             precaution
             of
             thought
             ,
             
               varii
               &
               vacillantes
            
             and
             contradictory
             to
             themselves
             ,
             and
             minglers
             of
             Falshood
             with
             truth
             ,
             and
             who
             conceal
             part
             of
             the
             whole
             truth
             they
             were
             to
             depose
             .
          
        
         
           
             B.
             
          
           
             There
             is
             another
             thing
             that
             makes
             the
             Moral
             offices
             required
             in
             an
             Oath
             Promissory
             call
             for
             some
             kind
             of
             Consideration
             ,
             that
             an
             Oath
             Assertory
             doth
             not
             :
             for
             we
             are
             not
             to
             depose
             o●…
             Matter
             of
             Law
             ,
             but
             only
             of
             Fact
             :
             but
             in
             the
             Promissory
             parts
             of
             the
             Oaths
             of
             Supremacy
             and
             Allegiance
             our
             thoughts
             are
             obliged
             to
             have
             regard
             to
             Matters
             of
             Right
             and
             
               Law.
               We
               are
               to
               our
               Power
               to
               assist
               and
               defend
               all
               Privileges
               and
               Preheminences
               GRANTED
               or
               BELONGING
               to
               the
               King
               ,
            
             &c.
             
               and
               which
               ARE
               united
               to
               the
               Imperial
               Crown
               of
               this
               Realm
               .
            
          
        
         
           
             A.
             
          
           
             But
             by
             this
             means
             ,
             while
             you
             would
             have
             men
             keep
             up
             the
             ease
             of
             their
             Consciences
             by
             such
             assistance
             and
             defence
             ,
             will
             not
             they
             be
             put
             to
             it
             to
             make
             their
             lives
             uneasy
             ,
             by
             buying
             Law-Books
             ,
             and
             being
             Students
             of
             the
             Crown-Law
             ,
             and
             of
             the
             extent
             of
             the
             Regal
             rights
             ;
             a
             thing
             never
             intended
             by
             the
             Makers
             of
             the
             Laws
             for
             those
             Oaths
             ,
             and
             whereby
             such
             who
             are
             to
             assist
             and
             defend
             and
             Rights
             of
             the
             Crown
             by
             Action
             in
             Land
             or
             Sea-Service
             would
             be
             hinder'd
             therein
             by
             Speculation
             ?
          
        
         
           
             B.
             
          
           
             No
             man
             need
             amuse
             himself
             about
             any
             such
             matter
             .
             Nor
             are
             our
             Princes
             ,
             who
             by
             their
             Coronation
             Oaths
             oblige
             themselves
             to
             defend
             all
             our
             rightful
             Laws
             and
             Customs
             ,
             bound
             thereby
             to
             study
             the
             Report-Books
             of
             the
             Law
             concerning
             the
             Rights
             and
             Properties
             of
             their
             Subjects
             ,
             and
             whereby
             the
             time
             of
             Princes
             would
             be
             taken
             up
             from
             defending
             them
             .
             And
             I
             shall
             tell
             you
             ,
             that
             tho
             all
             men
             are
             morally
             bound
             to
             frame
             the
             best
             Conceptions
             ,
             and
             make
             the
             truest
             representations
             of
             the
             Divine
             Nature
             they
             can
             ,
             and
             which
             by
             the
             measures
             of
             the
             
             Scripture
             ●…s
             comprehended
             under
             our
             Duty
             of
             glorifying
             God
             ;
             yet
             not
             to
             study
             the
             Controversies
             between
             the
             Remonstrants
             and
             Contra-Remonstrants
             about
             the
             absoluteness
             of
             the
             Divine
             Decrees
             ,
             and
             Dominion
             ,
             or
             whether
             God
             according
             to
             his
             absolute
             Dominion
             can
             torment
             an
             innocent
             Creature
             .
          
           
           
             And
             thus
             tho
             we
             are
             bound
             to
             honour
             God's
             Vice
             gerents
             ,
             and
             to
             assist
             and
             defend
             their
             
               Rights
               ,
               Privileges
            
             ,
             and
             Preheminences
             we
             are
             not
             to
             consume
             our
             whole
             lives
             in
             the
             investigation
             of
             Truth
             in
             the
             Moot-Points
             about
             the
             same
             .
          
           
             But
             as
             to
             this
             thing
             ,
             that
             great
             Casuist
             of
             the
             Age
             ,
             Bishop
             Sanderson
             ,
             may
             help
             to
             set
             us
             right
             in
             his
             Third
             Lecture
             of
             Oaths
             ,
             Sect.
             17
             ▪
             where
             putting
             the
             Case
             when
             Subjects
             are
             required
             to
             take
             an
             
               Oath
               for
               Preservation
               and
               Defence
               of
               Laws
               and
               Liberties
               ,
               Privileges
               ,
               Prerogatives
               and
               Preheminences
               of
               some
               Superior
               Power
               ,
               as
               of
               a
               King
               ,
               a
               Common-wealth
               ,
               or
               Lord
               Paramount
               ,
               such
               as
               are
               among
               us
               ,
               the
               Oaths
               of
               H●…mage
               ,
               of
               Royal
               Supremacy
               ,
            
             &c.
             he
             saith
             ,
             
               No
               man
               denies
               these
               Oaths
               to
               be
               lawful
               or
               obligatory
               :
               but
               in
               respect
               of
               the
               frequent
               incertainty
               of
               the
               Laws
               whereunto
               they
               relate
               ,
               it
               may
               very
               well
               be
               do●…bted
               how
               far
               they
               oblige
               .
               Doubtless
               the
               Subject
               to
               his
               Power
               is
               obliged
               to
               defend
               all
               Rights
               which
               appear
               either
               by
               Law
               or
               Custom
               Legitimate
               ,
               whether
               defined
               by
               the
               written
               Law
               ,
               or
               in
               force
               through
               long
               use
               of
               time
               ,
               or
               prescription
               ,
               that
               is
               ,
               so
               far
               as
               they
               are
               known
               ,
               or
               may
               morally
               be
               known
               .
               But
               he
               is
               not
               equally
               obliged
               to
               the
               observation
               of
               all
               those
               which
               are
               Controverted
               or
               doubtful
               ,
               especially
               since
               Powerful
               men
               are
               accustomed
               to
               stretch
               their
               tedders
               ,
               and
               leap
               over
               the
               Land-marks
               of
               their
               Neighbours
               ,
               not
               contenting
               themselves
               within
               the
               bounds
               of
               their
               own
               Right
               .
               Nevertheless
               a
               Subject
               ought
               always
               to
               be
               prepared
               in
               Mind
               so
               soon
               as
               the
               justness
               of
               those
               things
               which
               are
               doubtful
               shall
               appear
               ,
               to
               a
               knowledge
               and
               defend
               them
               .
            
          
           
             It
             may
             be
             hence
             rationally
             deduced
             that
             such
             who
             are
             call'd
             to
             the
             Helm
             of
             State
             ,
             or
             are
             Members
             of
             Parliament
             ,
             if
             any
             Matters
             relating
             to
             any
             
               Iurisdictions
               ,
               Privileges
            
             ,
             and
             Authorities
             granted
             or
             belonging
             to
             the
             Crown
             shall
             come
             in
             question
             before
             them
             ,
             are
             by
             virtue
             of
             the
             Oath
             of
             Supremacy
             bound
             to
             endeavour
             to
             know
             whether
             those
             Jurisdictions
             ,
             Privileges
             ,
             and
             Authorities
             are
             granted
             ,
             or
             do
             belong
             to
             the
             Crown
             ,
             that
             is
             ,
             
               so
               far
               as
               they
               are
               known
               or
               may
               morally
               be
               known
            
             before
             they
             refuse
             to
             defend
             and
             assist
             them
             :
             and
             much
             more
             before
             they
             shall
             do
             any
             act
             of
             offending
             or
             resisting
             the
             same
             ,
             and
             before
             they
             shall
             entertain
             any
             hard
             thoughts
             of
             their
             Prince
             for
             claiming
             this
             or
             that
             Privilege
             .
             And
             where
             the
             right
             of
             any
             
               Iurisdictions
               ,
               Privileges
               granted
            
             or
             belonging
             to
             the
             Crown
             is
             not
             Controverted
             or
             doubtful
             ,
             that
             Oath
             binds
             them
             immediately
             to
             assist
             and
             defend
             the
             same
             ,
             and
             not
             so
             much
             as
             to
             move
             any
             thing
             against
             them
             ,
             except
             in
             some
             such
             case
             as
             I
             shall
             presently
             mention
             .
          
        
         
           
             A.
             
          
           
             Did
             ever
             any
             Parliament
             presume
             to
             destroy
             ,
             or
             offend
             or
             usurp
             upon
             any
             Privilege
             ,
             or
             Preheminence
             ,
             or
             Authority
             ,
             of
             which
             the
             Right
             ,
             as
             belonging
             to
             the
             Crown
             ,
             was
             not
             controverted
             ?
          
        
         
           
             B.
             
          
           
             Yes
             ,
             the
             long
             Parliament
             of
             40
             did
             so
             .
             The
             Power
             of
             the
             Militia
             was
             acknowledg'd
             by
             the
             Parliaments
             Petition
             at
             Windsor
             to
             be
             
               a
               flower
               of
               the
               Crown
            
             .
             And
             therefore
             the
             Royal
             
             Martyr's
             dying
             Breath
             might
             (
             one
             would
             think
             )
             be
             Thunder
             to
             their
             Consciences
             ,
             when
             in
             his
             Speech
             on
             the
             Scaffold
             ,
             he
             said
             ,
             
               I
               never
               intended
               to
               intrench
               upon
               their
               Privileges
               .
               They
               began
               upon
               me
               .
               It
               is
               the
               Militia
               they
               began
               upon
               .
               They
               confess'd
               that
               the
               Militia
               was
               mine
               ;
               but
               they
               thought
               fit
               to
               have
               it
               from
               me
               .
            
          
           
             No
             doubt
             such
             men
             intended
             to
             entrench
             on
             the
             King's
             Privileges
             and
             Preheminences
             ,
             and
             they
             intended
             to
             violate
             their
             Oath
             of
             Supremacy
             .
          
        
         
           
             A.
             
          
           
             Did
             they
             offend
             any
             other
             Uncontroverted
             Rights
             of
             the
             Crown
             ?
          
        
         
           
             B.
             
          
           
             Many
             more
             then
             I
             have
             now
             time
             to
             name
             ;
             but
             cannot
             forget
             the
             fatal
             Consequences
             of
             their
             outraging
             one
             of
             those
             uncontroverted
             Rights
             which
             was
             at
             the
             King's
             Pleasure
             to
             Prorogue
             or
             Dissolve
             Parliaments
             ,
             by
             putting
             such
             incessant
             hardships
             on
             that
             Pious
             King
             to
             engage
             him
             to
             pass
             the
             Act
             that
             that
             Parliament
             should
             continue
             till
             both
             the
             Houses
             did
             consent
             
             to
             the
             dissolution
             of
             it
             ;
             and
             of
             which
             Mr.
             Hobbs
             in
             his
             Behemoth
             ,
             saith
             ,
             that
             
               it
               amounted
               to
               a
               total
               Extinction
               of
               the
               King
               's
               Right
               ,
               in
               case
               that
               such
               a
               grant
               were
               valid
               ,
               which
               I
               think
               it
               is
               not
               ,
               unless
               the
               Sovereignty
               it self
               be
               in
               plain
               terms
               renounced
               ,
               which
               it
               was
               not
               .
            
          
           
             And
             he
             having
             said
             ,
             That
             
               the
               King
               signed
               that
               Bill
               the
               same
               day
               he
               signed
               the
               Warrant
               for
               the
               Execution
               of
               the
               Earl
               of
            
             Strafford
             ,
             and
             having
             rais'd
             the
             Question
             ,
             
               Whether
               the
               King
               could
               not
               have
               saved
               him
               by
               a
               Pardon
               ,
            
             and
             said
             ,
             
               that
               he
               would
               have
               done
               it
               if
               that
               could
               have
               preserv'd
               him
               against
               the
               Tumults
               rais'd
               and
               countenanced
               by
               the
               Parliament
               it self
               ,
            
             doth
             mind
             me
             of
             the
             horror
             of
             those
             days
             ,
             when
             they
             who
             were
             Sworn
             to
             assist
             and
             defend
             the
             King's
             Privilege
             and
             Preheminence
             in
             Pardoning
             any
             one
             ,
             tho
             he
             knew
             him
             justly
             Condemned
             to
             dye
             ,
             did
             endeavour
             by
             Tumults
             to
             oppose
             his
             Pardoning
             one
             whom
             he
             thought
             not
             to
             have
             deserv'd
             Death
             .
          
           
             That
             Royal
             Privilege
             was
             in
             like
             manner
             by
             that
             Parliament
             trampled
             on
             in
             the
             Case
             of
             the
             Pardon
             of
             Archbishop
             Laud.
             
          
        
         
           
             A.
             
          
           
             I
             shall
             here
             by
             the
             way
             ask
             you
             if
             you
             did
             not
             once
             tell
             me
             that
             the
             most
             profound
             Observers
             of
             the
             Affairs
             in
             Ireland
             ;
             had
             agreed
             in
             it
             as
             their
             firm
             Judgment
             ,
             that
             the
             Irish
             Rebellion
             had
             never
             happen'd
             if
             the
             Parliament
             of
             40
             here
             had
             not
             meddled
             in
             the
             Case
             of
             the
             Earl
             of
             Strafford
             ,
             and
             occasion'd
             his
             removal
             from
             being
             chief
             Governour
             of
             Ireland
             .
          
        
         
           
             B.
             
          
           
             I
             shall
             by
             the
             way
             answer
             you
             ,
             that
             I
             did
             tell
             you
             so
             ,
             and
             that
             they
             judged
             that
             the
             Character
             of
             that
             Earl's
             great
             Wisdom
             and
             Courage
             ,
             and
             Activity
             ,
             and
             of
             universality
             in
             his
             Correspondencies
             ,
             had
             gain'd
             such
             an
             Ascendant
             over
             the
             Genius
             of
             the
             Irish
             ,
             that
             if
             he
             had
             continued
             Lord
             Lieutenant
             of
             that
             Kingdom
             in
             his
             former
             Power
             ,
             they
             would
             not
             have
             ventured
             to
             rebel
             .
          
        
         
           
             A.
             
          
           
             You
             have
             instanced
             in
             Uncontroverted
             Privileges
             of
             the
             Crown
             that
             that
             Parliament
             did
             offend
             and
             resist
             ,
             by
             their
             putting
             such
             
               incessant
               hardships
               on
               their
               King
            
             ,
             as
             your
             words
             are
             ;
             and
             it
             was
             folly
             as
             well
             as
             breach
             of
             their
             Oath
             for
             them
             thus
             to
             strike
             at
             the
             Pardoning
             Power
             of
             the
             Crown
             that
             is
             the
             Privilege
             both
             of
             King
             and
             People
             .
             Yet
             let
             me
             ask
             you
             whether
             you
             account
             that
             he
             who
             in
             any
             case
             shall
             endeavour
             that
             by
             the
             Legislative
             Power
             any
             
               uncontroverted
               Iurisdiction
               ,
               Privilege
               ,
               Preheminence
               ,
               or
               Authority
               granted
               or
               belonging
               to
               the
               Crown
            
             may
             be
             alter'd
             or
             restrain'd
             in
             its
             exercise
             ,
             breaks
             his
             Oath
             ?
             Did
             that
             Parliament
             do
             so
             who
             made
             the
             famous
             Act
             for
             barring
             the
             known
             Privilege
             of
             
               Nullum
               tempus
               Occurrit
               Regi
            
             ,
             I
             mean
             ,
             that
             glorious
             Act
             of
             21
             o
             of
             King
             Iames
             the
             First
             ,
             C.
             2.
             of
             which
             the
             Title
             is
             ,
             
               Conceald
               Lands
               shall
               not
               be
               Recover'd
               ,
               unless
               it
               may
               be
               proved
               that
               the
               King
               had
               title
               to
               them
               within
               60
               years
            
             ;
             i.
             e.
             60
             years
             before
             the
             19th
             of
             February
             in
             the
             21st
             year
             of
             King
             Iames
             the
             First
             ,
             which
             was
             the
             day
             of
             the
             beginning
             of
             that
             Parliament
             ,
             and
             on
             which
             Statute
             my
             Lord
             Coke
             hath
             an
             excellent
             Comment
             in
             Instit.
             3.
             
             C.
             87.
             
               against
               Concealors
               (
               turbidum
               genus
               hominum
            
             )
             and
             all
             pretences
             of
             Concealments
             whatsoever
             ;
             and
             on
             occasion
             of
             which
             Act
             it
             is
             yet
             acknowledg'd
             in
             the
             Book
             call'd
             ,
             
               The
               Court
               and
               Character
               of
               King
            
             James
             ,
             
               written
               by
               Sir
            
             A.
             W.
             
               and
               Printed
            
             A.
             1650.
             
               that
               that
               King
               loved
               good
               Laws
               ,
               and
               had
               many
               made
               in
               his
               time
               ,
               and
               in
               his
               l●…st
               Parliament
               ,
               for
               the
               good
               of
               his
               Subjects
               ,
               and
               suppress'd
               Promoters
               and
               Progging
               Fellows
               ,
               gave
               way
               to
               the
            
             Nullum
             tempus
             ,
             
               &c.
               to
               be
               confined
               to
               Sixty
               years
               ,
               which
               was
               more
               beneficial
               to
               the
               Subjects
               in
               respect
               of
               their
               quiets
               ,
               then
               all
               that
               Parliaments
               had
               given
               him
               during
               his
               whole
               Reign
               ?
            
          
           
             Or
             did
             the
             late
             Kings
             Loyal
             long
             Parliament
             do
             so
             in
             their
             obtaining
             the
             Act
             for
             the
             
               Habeas
               Corpus
            
             ,
             and
             others
             that
             might
             be
             named
             ?
          
        
         
           
           
             B.
             
          
           
             Having
             premised
             it
             to
             you
             that
             those
             words
             in
             the
             Oath
             of
             assisting
             and
             
               defending
               ALL
               Iurisdictions
               ,
               ALL
               Privileges
               ,
            
             &c.
             are
             operative
             words
             ,
             and
             of
             strict
             Interpretation
             ,
             and
             whereby
             we
             stake
             our
             Eternities
             to
             assist
             the
             King
             's
             Temporal
             Rights
             ,
             and
             invoke
             God
             so
             to
             help
             or
             assist
             us
             as
             we
             shall
             
               assist
               all
               those
               Privileges
            
             ,
             and
             that
             the
             Prince
             and
             the
             Church
             being
             look'd
             on
             as
             Minors
             ,
             the
             breach
             of
             an
             Oath
             to
             defend
             the
             Privileges
             of
             the
             King
             must
             appear
             to
             common
             sense
             as
             odious
             as
             if
             any
             Guardian
             of
             a
             Minor
             did
             break
             an
             Oath
             to
             defend
             his
             Person
             and
             Interest
             ,
             or
             did
             take
             part
             with
             any
             to
             destroy
             the
             
             Minor's
             Rights
             ;
             I
             shall
             yet
             be
             so
             fair
             as
             to
             tell
             you
             that
             I
             do
             not
             so
             account
             it
             :
             provided
             that
             he
             who
             shall
             do
             so
             shall
             have
             a
             moral
             certainty
             that
             the
             Prince
             being
             sensible
             that
             the
             alteration
             or
             restraint
             of
             such
             Privilege
             will
             be
             very
             beneficial
             to
             the
             Subjects
             both
             in
             the
             present
             and
             future
             times
             ,
             and
             necessary
             to
             the
             enabling
             them
             the
             better
             to
             support
             the
             Crown
             ,
             hath
             signified
             his
             desire
             of
             the
             same
             ,
             and
             doth
             so
             desire
             it
             :
             or
             if
             he
             knoweth
             not
             his
             Princes
             so
             desiring
             it
             ,
             believes
             that
             the
             Cogency
             of
             the
             Reasons
             he
             hath
             humbly
             to
             offer
             for
             such
             alteration
             being
             made
             ,
             is
             such
             as
             may
             Incline
             others
             to
             supplicate
             the
             Prince
             to
             consent
             to
             it
             ,
             and
             the
             Prince
             so
             to
             do
             .
          
           
             Yet
             in
             this
             latter
             case
             ,
             if
             afterward
             the
             Sovereign
             notifies
             his
             desire
             of
             the
             continuance
             of
             such
             known
             Privilege
             ,
             I
             am
             then
             by
             my
             Oath
             to
             assist
             and
             defend
             the
             same
             ,
             and
             am
             not
             to
             the
             Cogency
             of
             my
             Reasons
             to
             add
             that
             of
             Importunity
             .
             For
             there
             is
             a
             par
             or
             proportion
             between
             importunity
             and
             force
             ;
             whence
             we
             see
             that
             according
             to
             the
             King
             's
             Ecclesiastical
             Laws
             ,
             in
             case
             of
             a
             former
             will
             ,
             a
             latter
             gain'd
             by
             
               importunoe
               preces
            
             in
             the
             time
             of
             the
             Testator's
             Sickness
             ,
             is
             often
             adjudged
             void
             .
             And
             as
             I
             am
             not
             by
             importunity
             when
             my
             Princes
             Affairs
             are
             in
             a
             Sickly
             state
             ,
             or
             that
             the
             Die
             of
             War
             hath
             ran
             against
             him
             abroad
             ▪
             to
             press
             and
             tire
             him
             then
             into
             a
             parting
             with
             his
             known
             Privileges
             ,
             so
             neither
             with
             a
             Salvo
             to
             my
             Oath
             ,
             which
             binds
             me
             to
             assist
             and
             defend
             them
             ,
             can
             I
             if
             I
             find
             his
             Judgment
             or
             Mind
             sickly
             ,
             lay
             Temptations
             before
             him
             to
             buy
             him
             as
             it
             were
             out
             of
             a
             Privilege
             that
             is
             just
             and
             adviseable
             for
             him
             to
             keep
             ▪
             I
             am
             neither
             to
             starve
             nor
             pamper
             my
             Prince
             out
             of
             such
             a
             Privilege
             .
             Nay
             more
             ,
             if
             my
             Prince
             did
             by
             any
             Error
             part
             with
             any
             such
             Privilege
             ,
             as
             not
             knowing
             the
             same
             to
             be
             inherent
             in
             the
             Crown
             (
             as
             in
             the
             Case
             of
             an
             Answer
             of
             the
             Royal
             Martyr
             drawn
             by
             one
             of
             his
             Ministers
             not
             deeply
             vers'd
             in
             the
             Law
             ,
             to
             some
             of
             the
             Parliaments
             Propositions
             ,
             by
             which
             Answer
             he
             is
             acknowledg'd
             to
             be
             one
             of
             the
             three
             Estates
             )
             I
             ,
             who
             know
             that
             the
             Privilege
             and
             Preheminence
             inherent
             in
             his
             Crown
             is
             to
             be
             above
             them
             all
             ,
             and
             have
             in
             the
             Oath
             of
             Supremacy
             Sworn
             that
             the
             King
             
               is
               the
               only
               Supream
               Governour
            
             ,
             and
             so
             none
             Co-ordinate
             ,
             or
             equal
             to
             him
             ,
             I
             am
             to
             take
             no
             advantage
             of
             that
             error
             ,
             but
             am
             still
             to
             assist
             and
             defend
             such
             his
             Preheminence
             .
          
           
             And
             if
             ever
             a
             Prince
             did
             by
             fear
             part
             with
             such
             Privilege
             or
             Preheminence
             ,
             there
             being
             a
             par
             between
             fear
             and
             force
             ,
             according
             to
             that
             Law
             of
             the
             Proetor
             in
             the
             
               Digests
               ,
               Quod
               vi
               aut
               metu
               factum
               est
               ratum
               non
               habebo
            
             (
             and
             in
             which
             Law
             ,
             as
             Baldus
             saith
             ,
             the
             Proetor
             was
             inspired
             by
             the
             Spirit
             of
             God
             )
             I
             am
             not
             only
             not
             to
             take
             any
             advantage
             of
             such
             act
             of
             the
             Prince
             done
             by
             fear
             or
             force
             ,
             or
             to
             upbraid
             him
             therewith
             ,
             but
             am
             still
             to
             assist
             and
             defend
             such
             Privilege
             so
             derelinquish'd
             by
             him
             ,
             and
             am
             to
             account
             the
             same
             belonging
             to
             him
             as
             the
             word
             is
             in
             my
             Promissory
             Oath
             ,
             and
             to
             account
             him
             still
             in
             Law
             possess'd
             of
             the
             same
             ,
             according
             to
             the
             rule
             of
             
               Possessio
               etiam
               animo
               retinetur
            
             :
             and
             which
             is
             justly
             apply'd
             in
             the
             Case
             of
             any
             one
             who
             in
             a
             Storm
             at
             Sea
             throws
             his
             Goods
             over-board
             to
             lighten
             the
             Ship.
             
          
           
             His
             late
             Majesty
             therefore
             did
             but
             right
             to
             himself
             ,
             when
             in
             his
             Declaration
             of
             the
             25th
             of
             October
             ,
             1660.
             
             
               Concerning
               Ecclesiastical
               Affairs
            
             ,
             he
             took
             
             notice
             
               how
               some
               had
               caused
               to
               be
               Printed
               and
               Publish'd
               in
            
             England
             
               a
               Declaration
               before
               Printed
               in
               his
               Name
               when
               he
               was
               in
            
             Scotland
             ,
             (
             
               i.
               e.
            
             referring
             to
             the
             Declaration
             Printed
             at
             Edenburgh
             ,
             1650.
             )
             and
             saith
             thus
             of
             it
             ,
             
               viz●…
               Of
               which
               we
               shall
               say
               no
               more
               ,
               then
               that
               the
               Circumstances
               by
               which
               we
               were
               enforced
               to
               sign
               that
               Declaration
               ,
               are
               enough
               known
               to
               the
               World
               :
               And
               that
               the
               worthiest
               and
               greatest
               part
               of
               that
               Nation
               did
               even
               then
               detest
               and
               abhor
               the
               ill
               usage
               of
               us
               in
               that
               particular
               when
               the
               same
               tyranny
               was
               exercised
               there
               by
               the
               Power
               of
               a
               few
               ill
               men
               ,
               which
               at
               that
               time
               had
               spread
               it self
               over
               this
               Kingdom
               ,
               and
               therefore
               we
               had
               no
               reason
               to
               expect
               that
               we
               should
               at
               this
               season
               when
               we
               are
               doing
               all
               we
               can
               to
               wipe
               cut
               the
               memor
               ▪
               of
               all
               that
               hath
               been
               done
               amiss
               by
               other
               men
               ,
               and
               we
               thank
               God
               have
               wiped
               it
               out
               of
               our
               own
               Remembrance
               ,
               have
               been
               our self
               assaulted
               with
               those
               rep
               oaches
               ,
               which
               we
               will
               likewise
               forget
               .
            
          
           
             And
             it
             was
             goodness
             worthy
             the
             great
             Soul
             of
             a
             King
             to
             forget
             the
             Outrages
             of
             such
             who
             did
             strip
             their
             Political
             Father
             of
             his
             Power
             ,
             and
             then
             reproach
             him
             with
             his
             nakedness
             .
          
           
             I
             may
             here
             likewise
             tell
             you
             (
             and
             not
             
               mal
               a
               propos
            
             )
             how
             much
             the
             patience
             and
             long-suffering
             of
             the
             same
             Prince
             was
             exercised
             in
             a
             late
             Conjuncture
             that
             so
             much
             eclipsed
             his
             Prerogative
             in
             the
             Case
             of
             the
             Earl
             of
             
             Danby's
             Pardon
             ,
             and
             when
             the
             Commons
             did
             set
             up
             against
             it
             somewhat
             in
             his
             Father's
             Answer
             to
             the
             19
             Propositions
             before
             mention'd
             ,
             that
             nothing
             but
             the
             tempest
             of
             the
             Age
             in
             the
             Parliament
             of
             40
             could
             have
             occasion'd
             ,
             viz.
             
               Since
               therefore
               the
               Power
               legally
               placed
               in
               both
               Houses
               of
               Parliament
               is
               more
               then
               sufficient
               to
               restrain
               the
               Power
               of
               Tyranny
               ,
            
             &c.
             
             But
             because
             a
             Parliament
             so
             perpetuated
             as
             that
             was
             ,
             did
             prove
             more
             then
             sufficient
             to
             restrain
             pretended
             Tyranny
             ,
             and
             real
             just
             Government
             ,
             will
             a
             considerate
             man
             say
             any
             such
             thing
             now
             ,
             when
             the
             breath
             of
             Prerogative
             can
             dissolve
             them
             in
             a
             moment
             ,
             and
             in
             that
             moment
             
               all
               their
               thoughts
               perish
            
             ,
             and
             all
             the
             high-flying
             thoughts
             that
             would
             soare
             above
             Imperial
             Power
             be
             found
             dead
             in
             the
             Nest
             ?
          
           
             And
             I
             may
             here
             tell
             you
             ,
             that
             in
             the
             Answer
             of
             some
             Nonconformists
             to
             Dr.
             
             Stillingfleet's
             Sermon
             (
             an
             Answer
             Printed
             in
             London
             in
             the
             year
             1680.
             during
             the
             ferment
             about
             the
             Plot
             ,
             and
             wherein
             they
             desire
             Indulgence
             )
             I
             think
             their
             attacquing
             the
             Service
             on
             the
             
               Gun-Powder
               Treason
            
             Plot
             ,
             in
             thanking
             God
             
               for
               Preserving
               the
               King
               and
               the
               Three
               Estates
               of
               the
               Realm
               assembled
               ,
            
             by
             saying
             ,
             That
             
               the
               late
               King
               made
               no
               scruple
               in
               his
               Answer
               to
               the
            
             19
             
               Propositions
               to
               reckon
               himself
               one
               of
               the
               three
               Estates
               ,
            
             was
             a
             thing
             that
             on
             recollection
             they
             will
             judge
             ought
             not
             to
             have
             been
             done
             .
          
           
             But
             I
             am
             here
             further
             to
             tell
             you
             ,
             that
             though
             it
             may
             be
             consistent
             with
             our
             Oath
             in
             some
             such
             case
             as
             was
             mention'd
             ,
             to
             endeavour
             the
             altering
             by
             the
             Legislative
             Power
             some
             uncontroverted
             Privileges
             of
             the
             Crown
             ,
             and
             in
             such
             a
             way
             as
             I
             have
             mention'd
             ,
             I
             likewise
             wish
             you
             in
             your
             thoughts
             to
             make
             a
             distinction
             of
             those
             Privileges
             or
             Preheminences
             belonging
             to
             the
             Crown
             ,
             that
             are
             absolutely
             Essential
             to
             its
             Preservation
             ,
             and
             to
             that
             of
             the
             whole
             Realm
             ,
             and
             which
             are
             by
             God
             and
             the
             Law
             put
             as
             a
             Depositum
             into
             the
             hands
             of
             Kings
             ,
             and
             the
             removing
             of
             one
             of
             which
             would
             have
             the
             effect
             of
             taking
             a
             Stone
             out
             of
             an
             Arched
             Building
             ,
             and
             such
             as
             no
             Sovereign
             Princes
             can
             be
             without
             ;
             and
             such
             as
             our
             Princes
             have
             in
             their
             flourishing
             Reigns
             to
             the
             great
             content
             and
             happiness
             of
             their
             People
             always
             exercised
             ,
             and
             Rights
             (
             as
             the
             late
             Earl
             of
             Shaftsbury
             said
             of
             that
             of
             the
             Flagg
             )
             that
             our
             
               Princes
               cannot
               part
               with
            
             :
             and
             Privileges
             that
             are
             not
             such
             :
             and
             two
             of
             which
             former
             sort
             of
             Privileges
             ,
             and
             which
             are
             parts
             of
             the
             Fundamental
             Laws
             of
             the
             Kingdom
             ,
             I
             account
             we
             are
             expresly
             in
             the
             Promissory
             Clause
             of
             that
             Oath
             Sworn
             to
             defend
             ,
             and
             assist
             ,
             namely
             of
             the
             
             lineal
             Succession
             to
             the
             Crown
             ,
             and
             of
             the
             King's
             Prerogative
             ;
             and
             of
             which
             Prerogative
             we
             have
             this
             Description
             in
             
             Blount's
             Law-Dictionary
             ,
             That
             
               the
               Prerogative
               of
               the
               King
               is
               generally
               that
               Power
               ,
               Preheminence
               ,
               or
               PRIVILEGE
               which
               the
               King
               hath
               over
               and
               above
               other
               Persons
               ,
               and
               above
               the
               ordinary
               Course
               of
               the
               Law
               ,
               in
               the
               Right
               of
               his
               Crown
               :
            
             And
             then
             adds
             ,
             
               Potest
               Rex
               ei
               ,
               lege
               suae
               dignitatis
               ,
               condonare
               si
               velit
               ,
               etiam
               mortem
               promeritam
               .
               LL.
               Edw.
               Confess
               .
               cap.
            
             18.
             and
             then
             saith
             ,
             that
             Spelman
             calls
             it
             the
             
               L●…x
               Regiae
               dignitatis
            
             .
          
           
             The
             Author
             of
             the
             Law-Dictionary
             had
             there
             his
             eye
             on
             the
             Law
             of
             Edward
             the
             Confessor
             ,
             where
             under
             the
             title
             of
             
               Misericordia
               Regis
            
             &
             Pardonatio
             ,
             it
             is
             declared
             ,
             that
             
               si
               quispiam
               forisfactus
            
             (
             which
             the
             Margin
             interprets
             
               rei
               Capitalis
               Reus
               )
               poposcerit
               Regiam
               misericordiam
               pro
               forisfacto
               suo
               ,
               timidus
               mortis
               vel
               membrorum
               perdendorum
               ,
               potest
               Rex
               ei
               ,
               lege
               suae
               dignitatis
               ,
               condonare
               si
               velit
               ,
               etiam
               mortem
               promeritam
               ;
               ipse
               tamen
               malefactor
               rectum
               faciat
               in
               ●…quantumcunque
               poterit
               quibus
               forisfecit
               ,
               &
               tradat
               fidejussores
               de
               pace
               &
               legalitate
               tenenda
               ,
               si
               vero
               fidejussores
               defecerint
               exula
               bitur
               à
               Patria
               .
            
          
           
             And
             I
             remember
             there
             is
             a
             famous
             Act
             relating
             to
             the
             old
             Privileges
             and
             Prerogatives
             of
             the
             Crown
             and
             to
             their
             resumption
             by
             the
             Crown
             ,
             viz.
             The
             Act
             of
             27.
             
             H.
             8.
             c.
             24.
             call'd
             ,
             
               The
               Recontinuing
               of
               certain
               Liberties
               taken
               from
               the
               Crown
            
             ;
             and
             it
             begins
             with
             saying
             ,
             that
             
               whereas
               divers
               of
               the
               most
               ancient
               Prerogatives
               and
               Authorities
               of
               Iustice
               appertaining
               to
               the
               Imperial
               Crown
               of
               this
               Realm
               have
               been
               severed
               and
               taken
               from
               the
               same
               by
               sundry
               Gifts
               of
               the
               King
               's
               most
               Noble
               Progenitors
               ,
               to
               the
               great
               diminution
               and
               detriment
               of
               the
               Royal
               Estate
               of
               the
               same
               ,
               and
               to
               the
               hinderance
               and
               great
               delay
               of
               Iustice
            
             ;
             and
             thereupon
             saith
             ,
             
               for
               Reformation
               whereof
               be
               it
               Enacted
               by
               Authority
               of
               this
               present
               Parliament
               that
               no
               Person
               or
               Persons
               ,
            
             &c.
             
               shall
               have
               any
               Power
               or
               Authority
               to
               pardon
               or
               remit
               any
               Treasons
               ,
               Murders
               ,
               Man-slaughters
               ,
               or
               any
               kinds
               of
               Felonies
               ,
               nor
               any
               Accessaries
               to
               any
               Treasons
               ,
               Murders
               ,
            
             &c.
             
               or
               any
               Out-laries
               ,
               for
               any
               such
               Offences
               aforesaid
               ,
               committed
               ,
               perpetrated
               ,
               done
               ,
               or
               hereafter
               to
               be
               committed
               ,
               done
               ,
               or
               divulged
               by
               or
               against
               any
               Person
               in
               any
               part
               of
               this
               Realm
               ,
            
             &c.
             
               but
               that
               the
               King's
               Highness
               ,
               his
               Heirs
               ,
               and
               Successors
               ,
               shall
               have
               the
               whole
               and
               sole
               Power
               and
               Authority
               thereof
               ,
               united
               and
               knit
               to
               the
               Imperial
               Crown
               of
               this
               Realm
               ;
               as
               of
               good
               RIGHT
               and
               Equity
               it
               appertaineth
               ,
            
             &c.
             and
             then
             orders
             all
             Writs
             in
             a
             County
             Palatine
             to
             be
             made
             in
             the
             King's
             Name
             ,
             &c.
             
          
           
             That
             Statute
             doth
             give
             you
             a
             Prospect
             of
             great
             variety
             and
             use
             in
             order
             to
             the
             Settlement
             of
             your
             thoughts
             about
             some
             things
             in
             your
             Oath
             .
             You
             there
             see
             the
             Natural
             recourse
             of
             the
             Royal
             Rivers
             of
             Prerogative
             to
             the
             Ocean
             from
             whence
             they
             came
             ;
             and
             when
             you
             there
             find
             that
             the
             Crown
             could
             communicate
             to
             Subjects
             the
             exercise
             of
             the
             Prerogative
             of
             Pardoning
             Murder
             ,
             however
             restrain'd
             by
             ACT
             of
             Parliament
             ,
             and
             all
             the
             dreadful
             Disabilities
             incurr'd
             by
             Out-laries
             for
             Felony
             and
             Treason
             ,
             you
             are
             not
             to
             wonder
             at
             any
             ones
             telling
             you
             ,
             that
             the
             King
             himself
             hath
             the
             Privilege
             of
             Pardoning
             a
             Disability
             incurr'd
             by
             Law
             for
             Heterodoxy
             in
             Religion
             :
             and
             especially
             when
             you
             shall
             see
             the
             whole
             and
             sole
             Power
             of
             Pardoning
             the
             same
             united
             and
             knit
             to
             the
             Imperial
             Crown
             of
             this
             Realm
             ,
             as
             of
             
               GOOD
               RIGHT
            
             and
             
               EQUITT
               appertaineth
            
             .
             And
             according
             to
             those
             words
             in
             your
             Oath
             about
             your
             defending
             all
             the
             Rights
             and
             
               Privileges
               united
            
             and
             
               annex●…d
               to
               the
               Imperial
               Crown
               of
               this
               Realm
               ,
            
             you
             are
             to
             defend
             that
             great
             Royal
             Power
             of
             Pardoning
             ,
             and
             which
             our
             Ancestors
             in
             Harry
             the
             8th's
             time
             thought
             so
             essential
             to
             Publick
             Justice
             .
          
           
           
             And
             therefore
             you
             will
             still
             do
             well
             to
             remember
             that
             your
             sworn
             defence
             and
             assistance
             of
             all
             the
             Privileges
             and
             Preheminences
             of
             the
             Crown
             doth
             more
             particularly
             bind
             you
             in
             the
             Case
             of
             these
             fundamental
             ones
             to
             put
             no
             hardship
             on
             our
             Princes
             ,
             nor
             yet
             to
             use
             any
             softness
             of
             Allurements
             to
             tempt
             them
             to
             renounce
             them
             .
             The
             Countryman
             ,
             who
             being
             by
             his
             Physician
             prescribed
             some
             Grains
             of
             Laudanum
             ,
             and
             desiring
             a
             greater
             quantity
             of
             the
             Apothecary
             ,
             and
             saying
             ,
             
               Shall
               I
               have
               no
               more
               for
               my
               Money
               ?
            
             and
             whereby
             he
             would
             have
             been
             Poyson'd
             ,
             was
             not
             less
             Sagacious
             then
             such
             Senators
             who
             by
             Subsidies
             would
             engage
             any
             Prince
             to
             part
             with
             so
             much
             of
             his
             Prerogative
             as
             would
             destroy
             the
             Body
             politick
             .
          
           
             Alas
             ;
             as
             for
             several
             uncontroverted
             Rights
             of
             the
             Crown
             of
             an
             inferiour
             Nature
             ,
             as
             our
             Princes
             have
             been
             ready
             enough
             in
             all
             Ages
             to
             part
             with
             them
             for
             the
             good
             of
             their
             People
             ,
             and
             their
             own
             promoted
             thereby
             ,
             and
             have
             had
             grateful
             returns
             from
             their
             Parliaments
             by
             Subsidies
             on
             such
             an
             account
             ,
             so
             none
             need
             fear
             but
             that
             in
             all
             future
             times
             succeeding
             Monarchs
             will
             that
             way
             be
             as
             indulgent
             as
             the
             former
             ones
             were
             ;
             and
             that
             as
             Solomon
             saith
             ,
             
               the
               King
               himself
               is
               served
               by
               the
               Field
               ,
            
             and
             the
             Plough
             having
             here
             variously
             supported
             the
             Throne
             ,
             and
             particularly
             by
             the
             robust
             Infantry
             it
             hath
             yielded
             to
             serve
             the
             Crown
             in
             Arms
             ;
             the
             
               keeping
               up
            
             of
             the
             Spirits
             of
             our
             Yeomen
             (
             and
             likewise
             of
             those
             who
             Plough'd
             the
             Sea
             )
             by
             the
             Liberty
             our
             Laws
             allow'd
             them
             ,
             and
             the
             Crowns
             being
             no
             gravamen
             to
             the
             Body
             of
             the
             People
             ,
             and
             only
             to
             the
             Royal
             Heads
             that
             wore
             it
             ,
             was
             and
             will
             be
             always
             necessary
             in
             order
             to
             the
             
               keeping
               up
            
             the
             being
             of
             the
             Nation
             .
          
           
             There
             is
             therefore
             scope
             and
             encouragement
             enough
             in
             England
             for
             a
             man
             who
             is
             a
             Candidate
             for
             a
             
             Patriot's
             place
             ,
             to
             carry
             it
             by
             being
             a
             Consessor
             of
             unmercenary
             Loyalty
             ,
             and
             arriving
             at
             honour
             ,
             or
             the
             
               consentiens
               laus
               bonorum
            
             by
             being
             a
             Loyal
             Patriot
             :
             and
             there
             is
             as
             good
             popular
             air
             for
             any
             one
             to
             feed
             on
             who
             will
             assert
             the
             just
             Liberties
             and
             Privileges
             of
             the
             English
             Subjects
             as
             any
             Greece
             or
             Rome
             afforded
             :
             and
             there
             was
             no
             need
             for
             any
             one
             to
             move
             for
             a
             Statue
             for
             the
             Hero
             who
             promoted
             that
             old
             act
             against
             old
             Concealments
             in
             King
             Iames
             the
             First
             's
             time
             ,
             or
             the
             late
             one
             for
             the
             
               Habeas
               Corpus
            
             ;
             for
             such
             an
             one
             must
             find
             his
             Monument
             in
             the
             Hearts
             of
             all
             the
             Subjects
             of
             England
             .
             Nor
             was
             there
             ever
             Prince
             more
             Cordially
             and
             Passionately
             concern'd
             for
             the
             Liberties
             of
             the
             People
             of
             England
             then
             the
             Royal
             Martyr
             :
             and
             who
             fell
             reverâ
             as
             their
             Martyr
             according
             to
             his
             words
             on
             the
             Scaffold
             ,
             and
             where
             he
             said
             ,
             
               If
               I
               would
               have
               given
               way
               to
               an
               Arbitrary
               Power
               ,
               to
               have
               all
               Laws
               changed
               according
               to
               the
               Power
               of
               the
               Sword
               ,
               I
               needed
               not
               to
               have
               come
               here
               .
            
          
           
             His
             style
             could
             not
             there
             recede
             from
             that
             of
             his
             Printed
             Declarations
             ,
             and
             in
             one
             of
             which
             ,
             for
             Example
             that
             in
             41.
             he
             thus
             mentions
             his
             hopes
             ,
             viz.
             That
             
               God
               will
               yet
               make
               us
               a
               great
               and
               a
               glorious
               King
               over
               a
               free
               and
               a
               happy
               People
               .
            
          
        
         
           
             A.
             
          
           
             If
             you
             had
             not
             thus
             coupled
             the
             LOYAL
             Man
             and
             the
             PATRIOT
             together
             in
             your
             Discourse
             ,
             I
             should
             have
             ask'd
             you
             whether
             you
             would
             have
             Men
             throw
             up
             the
             many
             good
             Laws
             that
             the
             Parliament
             of
             40
             obtain'd
             for
             the
             ease
             of
             the
             People
             by
             partly
             importuning
             the
             King
             ?
          
        
         
           
             B.
             
          
           
             I
             assure
             you
             ,
             I
             shall
             never
             give
             you
             or
             any
             one
             else
             cause
             to
             think
             that
             I
             have
             not
             a
             high
             value
             for
             some
             of
             those
             Laws
             :
             and
             do
             now
             shew
             you
             my
             value
             of
             them
             ,
             by
             telling
             you
             that
             I
             do
             not
             look
             on
             them
             as
             the
             off-spring
             of
             any
             factious
             importunity
             ,
             but
             as
             the
             just
             and
             natural
             issue
             of
             the
             goodness
             of
             our
             Prince
             :
             and
             you
             will
             find
             they
             were
             so
             ,
             if
             you
             consult
             the
             Declaration
             I
             last
             cited
             ,
             and
             where
             his
             never
             to
             be
             forgotten
             words
             are
             ,
             
               viz.
               
                 That
                 as
                 We
                 have
                 not
                 refused
                 to
                 pass
                 any
                 Bill
                 presented
                 to
                 Us
                 by
                 Our
                 Parliament
                 for
                 redress
                 of
                 those
                 Grievances
                 mentioned
                 in
                 the
                 Remonstrance
              
               
               
                 so
                 We
                 have
                 not
                 had
                 a
                 greater
                 Motive
                 for
                 the
                 passing
                 those
                 Laws
                 then
                 Our
                 own
                 resolution
                 (
                 grounded
                 upon
                 our
                 Observation
                 ,
                 and
                 understanding
                 the
                 State
                 of
                 Our
                 Kingdom
                 )
                 to
                 have
                 freed
                 Our
                 Subjects
                 for
                 the
                 future
                 from
                 those
                 Pressures
                 which
                 were
                 grievous
                 to
                 them
                 if
                 those
                 Laws
                 had
                 not
                 been
                 propounded
                 .
                 which
                 therefore
                 We
                 shall
                 as
                 inviolably
                 maintain
                 ,
                 as
                 We
                 look
                 to
                 have
                 Our
                 own
                 Rights
                 preserved
              
               &c.
            
             
             ,
             ,
          
           
             And
             in
             his
             Declaration
             of
             August
             12.
             1642.
             he
             saith
             ,
             
               Would
               men
               enjoy
               the
               Laws
               they
               were
               born
               to
               ,
               the
               Liberty
               and
               Property
               which
               makes
               the
               Subjection
               of
               this
               Nation
               famous
               and
               honourable
               ,
               with
               all
               Neighbouring
               Kingdoms
               ?
               We
               have
               done
               Our
               part
               to
               make
               a
               Wall
               of
               Brass
               for
               the
               perpetual
               defence
               of
               them
               ,
               while
               these
               ill
               Men
               usurp
               a
               Power
               to
               undermine
               that
               Wall
               ,
               and
               to
               shake
               Foundations
               which
               cannot
               be
               pulled
               down
               ,
               but
               to
               the
               Confusion
               of
               Law
               ,
               Liberty
               ,
               Property
               ,
               and
               the
               very
               life
               and
               being
               of
               Our
               Subjects
               .
            
          
        
         
           
             A.
             
          
           
             You
             have
             named
             then
             two
             fundamental
             Privileges
             or
             Rights
             of
             the
             Crown
             ,
             which
             by
             the
             Oath
             of
             Supremacy
             we
             are
             bound
             always
             to
             assist
             and
             defend
             .
             And
             I
             am
             to
             tell
             you
             frankly
             and
             without
             going
             to
             
               hide
               my
               Transgression
            
             ,
             as
             did
             Adam
             ;
             that
             though
             I
             have
             often
             and
             in
             several
             Capacities
             took
             that
             Oath
             ,
             yet
             on
             the
             very
             day
             I
             last
             took
             it
             ,
             and
             while
             the
             very
             echo
             of
             those
             words
             ,
             
               so
               help
               me
               God
            
             ,
             was
             audible
             in
             the
             air
             of
             my
             mind
             ,
             and
             before
             the
             Ink
             was
             quite
             dry
             that
             recorded
             my
             Oath
             ,
             I
             without
             considering
             that
             as
             't
             is
             the
             Privilege
             of
             our
             Prince
             that
             his
             Heirs
             by
             the
             Right
             of
             the
             Crown
             should
             succeed
             him
             ,
             so
             it
             is
             the
             great
             Privilege
             of
             those
             Heirs
             to
             succeed
             ;
             I
             was
             yet
             so
             far
             from
             assisting
             and
             defending
             that
             Privilege
             ,
             that
             I
             immediately
             endeavoured
             to
             subvert
             the
             same
             ,
             and
             tho
             my
             Prince's
             Mind
             was
             notify'd
             to
             me
             for
             my
             not
             so
             doing
             .
             Nay
             ,
             further
             to
             make
             you
             my
             Confessor
             ,
             I
             was
             so
             far
             gone
             in
             a
             Lethargick
             carelessness
             of
             my
             Oath
             ,
             that
             when
             I
             saw
             the
             excluding
             the
             title
             of
             the
             Lawful
             Successor
             was
             not
             likely
             to
             pass
             into
             a
             Law
             ,
             I
             was
             tempted
             to
             endeavour
             by
             Expedients
             ,
             as
             if
             I
             had
             took
             
               an
               Oath
               and
               no
               Oath
            
             ,
             to
             make
             him
             
               a
               King
               and
               no
               King.
            
             And
             God
             having
             given
             me
             
               space
               to
               repent
            
             of
             my
             past
             incogitancy
             in
             relation
             to
             that
             Oath
             ,
             it
             being
             now
             brought
             before
             me
             in
             the
             Course
             of
             Providence
             to
             assist
             and
             defend
             another
             of
             the
             Preheminences
             which
             my
             Prince
             tells
             me
             is
             granted
             and
             belonging
             to
             the
             Crown
             ,
             and
             which
             you
             have
             mention'd
             as
             his
             
               Prerogative
               above
               the
               ordinary
               Course
               of
               the
               Law
               ,
            
             in
             the
             Right
             of
             his
             Crown
             ,
             and
             that
             he
             first
             made
             use
             of
             an
             emergent
             Necessity
             ,
             I
             will
             through
             the
             Divine
             assistance
             use
             all
             the
             means
             I
             can
             both
             of
             serious
             sedate
             and
             unprejudicate
             Consideration
             ,
             and
             of
             the
             
               Consilium
               Peritorum
            
             ,
             and
             Discourse
             and
             Communication
             with
             others
             whom
             in
             meekness
             and
             
               lowliness
               of
               mind
            
             .
             I
             am
             obliged
             to
             
               esteem
               better
               then
               my self
            
             ,
             to
             fix
             my
             own
             Iudgment
             of
             Discretion
             in
             this
             matter
             :
             and
             will
             not
             deny
             to
             assist
             and
             defend
             this
             Preheminence
             of
             my
             Prince
             in
             particular
             without
             being
             morally
             certain
             that
             it
             is
             not
             granted
             or
             belongs
             not
             to
             him
             ,
             and
             will
             take
             the
             best
             care
             I
             can
             to
             effect
             that
             by
             any
             that
             by
             any
             lachesse
             or
             omission
             of
             the
             great
             Duty
             of
             Consideration
             ,
             I
             may
             give
             no
             man
             occasion
             again
             to
             exercise
             his
             Charity
             in
             not
             pronouncing
             me
             to
             be
             formally
             perjured
             ;
             and
             that
             after
             my
             Prince
             hath
             pardon'd
             me
             my
             attempted
             excluding
             him
             from
             the
             Throne
             ,
             I
             may
             not
             endeavour
             the
             disabling
             him
             from
             any
             one
             of
             his
             Rights
             while
             he
             is
             on
             it
             (
             for
             so
             the
             style
             of
             the
             
               Exclusion
               ▪
               Bill
            
             ran
             ,
             and
             it
             might
             have
             been
             as
             well
             call'd
             the
             Disabling
             Bill
             ,
             according
             to
             the
             words
             there
             ,
             
               shall
               be
               Excluded
               and
               DISABLED
               ,
               and
               is
               hereby
               Excluded
               and
               Disabled
               ,
            
             &c.
             
               from
               all
               Titles
               ,
               Rights
               ,
               Prerogatives
               ,
            
             &c.
             )
             and
             rights
             that
             I
             have
             sworn
             to
             defend
             .
          
           
           
             The
             Lord
             Chief
             Justice
             Vaughan
             ,
             (
             who
             was
             a
             man
             of
             the
             first-Rate
             Talents
             ,
             if
             you
             consider
             both
             his
             natural
             and
             acquired
             parts
             )
             doth
             yet
             in
             Thomas
             and
             
             Sorrell's
             Case
             in
             his
             Reports
             call
             the
             
             King's
             Power
             of
             Dispensing
             ,
             
               dark
               Learning
            
             ,
             and
             saith
             it
             
               seem'd
               so
               to
               him
            
             ,
             tho
             after
             so
             many
             Arguments
             in
             the
             Case
             .
             And
             as
             that
             great
             Man
             found
             it
             dark
             ,
             so
             I
             think
             he
             left
             it
             such
             in
             some
             measure
             ,
             however
             yet
             so
             many
             daring
             Sciolists
             (
             and
             who
             never
             look'd
             on
             a
             Law-Book
             in
             their
             lives
             )
             will
             pretend
             to
             O●…niscience
             in
             the
             Matter
             ,
             and
             perhaps
             out
             of
             a
             vain
             Jealousie
             of
             the
             King's
             Omnipotence
             being
             thereby
             asserted
             .
          
           
             But
             I
             know
             your
             thoughts
             have
             travail'd
             far
             in
             this
             
               dark
               Learning
            
             ,
             and
             wherein
             you
             confess'd
             to
             me
             once
             ,
             that
             you
             had
             receiv'd
             some
             Illumination
             from
             that
             
             Iudge's
             Argument
             ,
             and
             as
             likewise
             you
             had
             from
             a
             Manuscript
             Report
             of
             that
             
               Case
               of
            
             Thomas
             and
             Sorrell
             ,
             containing
             an
             account
             of
             the
             things
             urged
             by
             the
             other
             Iudges
             ,
             and
             by
             the
             Councel
             concern'd
             in
             that
             Case
             ,
             and
             which
             are
             not
             mention'd
             in
             Sir
             I.
             Vaughan's
             Report
             of
             it
             ,
             and
             where
             he
             relates
             little
             but
             his
             own
             Argument
             .
             He
             was
             a
             fair
             Reasoner
             and
             frank
             Discourser
             on
             all
             occasions
             ,
             and
             not
             byassed
             by
             any
             mercenary
             humour
             :
             and
             according
             to
             that
             Candour
             you
             have
             often
             commended
             in
             him
             ,
             and
             which
             I
             have
             likewise
             experimented
             in
             your self
             ,
             let
             me
             now
             again
             make
             use
             of
             it
             in
             your
             imparting
             to
             me
             your
             thoughts
             in
             order
             to
             the
             Directing
             and
             Setling
             of
             mine
             as
             to
             the
             observance
             of
             my
             Oath
             in
             this
             particular
             .
          
           
             And
             tho
             I
             know
             we
             live
             in
             
               a
               crooked
               and
               perverse
               Generation
            
             ,
             wherein
             so
             many
             are
             at
             the
             same
             time
             decrying
             both
             
               summum
               jus
            
             and
             Persecution
             ,
             and
             too
             all
             relaxation
             of
             the
             Laws
             ;
             and
             their
             Spirits
             lie
             like
             that
             Haven
             ,
             Acts
             27.
             12.
             
               toward
               the
               Southwest
               and
               Northwest
            
             ,
             two
             opposite
             Points
             ,
             (
             and
             one
             would
             scarce
             think
             it
             possible
             that
             mens
             Spirits
             could
             be
             so
             extremely
             winding
             and
             crooked
             ,
             and
             thus
             opposite
             to
             themselves
             )
             and
             while
             too
             they
             are
             crying
             out
             that
             any
             lawful
             
               Dispensing
               with
               the
               Laws
               establish'd
            
             ,
             is
             
               Contradictio
               in
               adjecto
            
             :
             yet
             that
             
               Lord
               Chief
               Iustice's
               Report
            
             hath
             shew'd
             me
             the
             legality
             of
             the
             Dispensative
             Power
             in
             many
             particulars
             ,
             so
             far
             as
             to
             excite
             in
             me
             a
             desire
             to
             know
             more
             of
             it
             ,
             and
             to
             move
             me
             to
             pity
             the
             ignorance
             of
             my
             Countrymen
             ,
             who
             thus
             cry
             out
             of
             
               Contradictio
               in
               adjecto
            
             ,
             and
             not
             knowing
             what
             a
             Dispensation
             in
             Law
             means
             ,
             will
             fall
             under
             that
             censure
             of
             the
             Monk
             ,
             viz.
             
               Corrigis
               magnific●…t
               &
               nescis
               quid
               Significat
               ,
            
             and
             of
             that
             Adage
             in
             
               Erasmus
               ,
               Stultior
               Choraebo
            
             ,
             who
             not
             being
             able
             to
             reckon
             in
             Numbers
             beyond
             five
             ,
             would
             yet
             undertake
             to
             Compute
             the
             numbers
             of
             the
             Waves
             in
             the
             Sea
             ,
             oras
             I
             may
             say
             in
             the
             words
             of
             
               S.
               Paul
               ,
               desiring
               to
               be
               Teachers
               of
               the
               Law
               ,
               understanding
               neither
               what
               they
               say
               ,
               nor
               whereof
               they
               affirm
               :
            
             yet
             I
             assure
             you
             the
             Vogue
             of
             the
             Mobile
             will
             no
             more
             influence
             my
             thoughts
             about
             the
             Motion
             of
             the
             Laws
             by
             Dispensation
             ,
             then
             it
             would
             about
             the
             Motion
             of
             the
             Earth
             ,
             and
             who
             would
             take
             it
             very
             ill
             if
             they
             should
             be
             told
             it
             moves
             as
             fast
             as
             a
             Bullet
             out
             of
             a
             Canon
             ,
             because
             they
             do
             not
             perceive
             it
             .
          
           
             A
             late
             great
             Philosopher
             of
             our
             Country
             hath
             told
             us
             ,
             
               That
               every
               day
               it
               appeareth
               more
               and
               more
               that
               years
               and
               days
               are
               determin'd
               by
               Motions
               of
               the
               Earth
            
             ;
             and
             another
             hath
             from
             the
             Diurnal
             and
             Annual
             Motion
             of
             the
             Earth
             endeavour'd
             to
             salve
             the
             Flows
             and
             Motions
             of
             some
             Seas
             ,
             illustrating
             the
             same
             by
             Waterin
             a
             Bowl
             arising
             or
             falling
             to
             either
             side
             ,
             according
             to
             the
             Motions
             of
             the
             Vessel
             :
             but
             perhaps
             should
             a
             Prince
             in
             his
             Writings
             inculcate
             the
             Philosophy
             of
             the
             Earths
             motion
             ,
             the
             populace
             would
             have
             Fears
             and
             Iealousies
             of
             the
             instability
             of
             the
             Foundations
             of
             their
             Houses
             and
             Towns
             ,
             and
             of
             the
             shaking
             of
             their
             Property
             ,
             and
             as
             they
             have
             by
             Dispensations
             ,
             and
             they
             would
             be
             apt
             to
             quote
             Scripture
             against
             such
             Motion
             :
             
             nay
             ,
             tho
             they
             should
             be
             told
             that
             such
             Motion
             would
             ennoble
             the
             Earth
             by
             exalting
             it
             into
             Heaven
             ;
             and
             too
             as
             Dispensations
             may
             be
             said
             to
             do
             by
             conducting
             those
             to
             Heaven
             who
             believe
             Humane
             Laws
             obliging
             the
             Conscience
             ,
             and
             yet
             shall
             not
             observe
             some
             of
             them
             .
             But
             as
             when
             ever
             you
             have
             heretofore
             discours'd
             to
             me
             of
             Copernicus
             and
             Galilaeus
             ,
             and
             their
             Hypotheses
             ,
             you
             always
             found
             me
             an
             attentive
             Hearer
             ,
             you
             will
             be
             sure
             now
             much
             more
             to
             find
             me
             so
             while
             you
             are
             speaking
             of
             any
             of
             my
             Prince's
             Privileges
             that
             I
             am
             sworn
             to
             defend
             ;
             for
             I
             am
             now
             concern'd
             not
             to
             salve
             Phaenomena
             ,
             but
             to
             save
             my
             Soul
             by
             keeping
             my
             Oath
             .
             And
             in
             the
             temper
             I
             am
             in
             ,
             now
             my
             whole
             Soul
             is
             overflowed
             with
             the
             sense
             of
             my
             having
             so
             lately
             through
             incogitancy
             violated
             that
             part
             of
             my
             Oath
             that
             so
             plainly
             obliged
             me
             to
             assist
             and
             defend
             the
             Hereditary
             Monarchy
             ,
             I
             shall
             be
             as
             chearfully
             attentive
             to
             you
             while
             you
             acquaint
             me
             with
             any
             Obligations
             resulting
             from
             my
             Oath
             ,
             as
             I
             would
             be
             to
             any
             one
             who
             told
             me
             how
             much
             I
             owed
             another
             ,
             and
             at
             the
             same
             time
             enabled
             me
             to
             pay
             it
             .
          
        
         
           
             B.
             
          
           
             I
             shall
             be
             most
             ready
             when
             we
             meet
             next
             (
             which
             I
             suppose
             will
             be
             very
             shortly
             )
             to
             afford
             you
             
               lumen
               de
               lumine
            
             ,
             in
             any
             of
             the
             few
             things
             I
             know
             about
             this
             
               dark
               Learning
            
             .
             In
             the
             mean
             time
             I
             shall
             observe
             to
             you
             on
             the
             occasion
             of
             your
             Mentioning
             the
             
               Lord
               Chief
               Iustice
            
             Vaughan's
             Report
             of
             Thomas
             and
             
               Sorrell's
               Case
            
             ,
             that
             as
             it
             hath
             through
             the
             Divine
             benignity
             been
             the
             frequent
             Method
             of
             Providence
             to
             send
             into
             the
             World
             unheard
             of
             Maladies
             and
             Remedies
             in
             the
             same
             Conjuncture
             of
             time
             ,
             and
             so
             likewise
             to
             make
             pestiferous
             Haeresiarchs
             and
             learned
             Confessors
             of
             the
             truth
             Contemporary
             ,
             and
             further
             when
             Heaven
             had
             made
             many
             of
             the
             inquisitive
             curious
             to
             thirst
             after
             the
             knowledge
             of
             truth
             in
             the
             works
             of
             Nature
             ,
             then
             to
             bless
             the
             World
             with
             the
             Discourses
             and
             Writings
             of
             
               Galilaeus
               ,
               Tycho-Brahe
            
             ,
             my
             Lord
             
               Bacon
               ,
               Gassend●…s
            
             and
             
               Des
               Cartes
            
             ,
             and
             Dr.
             Harvey
             ,
             who
             open'd
             such
             great
             Springs
             of
             real
             Learning
             as
             refresh'd
             that
             noble
             thirst
             ;
             so
             it
             seems
             before
             the
             Date
             of
             His
             late
             Majesty's
             Declaration
             of
             Indulgence
             in
             the
             24th
             year
             of
             his
             Reign
             ,
             and
             of
             the
             Act
             about
             the
             Test
             in
             the
             25th
             year
             of
             it
             ,
             and
             both
             which
             were
             likely
             to
             produce
             among
             the
             Learned
             so
             many
             Inquiries
             into
             the
             Legality
             of
             the
             Dispensative
             Power
             inherent
             in
             the
             Crown
             (
             and
             even
             among
             the
             unlearned
             an
             Epidemical
             Disease
             of
             talking
             about
             the
             same
             )
             it
             came
             to
             pass
             in
             the
             course
             of
             Providence
             ,
             that
             by
             as
             Learned
             Iudges
             as
             ever
             sate
             on
             the
             English
             Bench
             ,
             and
             as
             Learned
             Councel
             as
             ever
             appear'd
             at
             its
             Bar
             ,
             the
             Learning
             about
             the
             Dispensative
             Power
             was
             ventilated
             and
             discuss'd
             in
             a
             Series
             of
             several
             years
             in
             the
             Case
             of
             Thomas
             and
             Sorrell
             .
          
           
             For
             the
             Cause
             began
             in
             the
             King's
             Bench
             18.
             
             Car.
             2.
             and
             was
             there
             argued
             by
             some
             of
             the
             Great
             Councel
             of
             the
             Kingdom
             ,
             and
             there
             again
             argued
             on
             both
             sides
             by
             other
             Councel
             in
             Michaelmas-Term
             ,
             in
             the
             19th
             year
             of
             his
             Reign
             .
             And
             in
             Hilary-Term
             in
             25.
             and
             26.
             
             Car.
             2.
             this
             Cause
             for
             the
             weight
             and
             difficulty
             of
             it
             was
             adjourn'd
             out
             of
             the
             King's-Bench
             into
             the
             Exchequer
             Chamber
             ,
             and
             there
             argued
             by
             others
             of
             the
             Greatest
             Councel
             of
             the
             Kingdom
             ;
             and
             many
             Law-Books
             quoted
             .
             And
             the
             Case
             was
             afterward
             argued
             by
             all
             the
             Iudges
             of
             England
             at
             six
             several
             Days
             in
             
               Easter
               ,
               Trinity
               ,
               Michaelmas
            
             and
             Hilary
             Terms
             ,
             viz.
             by
             two
             Iudges
             each
             day
             ,
             and
             the
             Iudges
             differ'd
             in
             several
             Points
             ,
             and
             even
             about
             the
             definition
             or
             meaning
             of
             Dispensation
             .
             For
             so
             that
             learned
             
               Chief
               Iustice
            
             tells
             you
             ,
             and
             saith
             ,
             That
             
               some
               of
               his
               Brothers
               defined
               it
               to
               be
            
             liberatio
             à
             poenâ
             ,
             
               and
               others
               to
               be
            
             Provida
             relaxatio
             Juris
             ,
             which
             (
             saith
             he
             )
             
               is
               defining
               an
            
             ignotum
             per
             ignotius
             ,
             and
             liberare
             à
             poenâ
             
               is
               the
               effect
               of
               a
               Pardon
               ,
               not
               of
               a
               Dispensation
               ,
            
             &c.
             
          
           
             Thus
             (
             as
             I
             may
             say
             )
             there
             was
             a
             Circumvallation
             by
             the
             Learning
             which
             concern'd
             Dispensing
             ,
             that
             encompass'd
             some
             time
             preceding
             that
             Declaration
             
             of
             Indulgence
             in
             the
             24th
             year
             of
             his
             Reign
             ,
             and
             some
             time
             following
             both
             it
             and
             the
             Act
             of
             the
             Test.
             I
             shall
             some
             other
             time
             perhaps
             entertain
             you
             with
             the
             Learned
             Manuscript
             Report
             of
             the
             whole
             Case
             :
             but
             shall
             now
             tell
             you
             that
             during
             that
             Series
             of
             years
             ,
             there
             was
             no
             angry
             motion
             in
             the
             Sea
             of
             the
             Populace
             occasion'd
             by
             any
             thing
             said
             in
             any
             of
             the
             Arguments
             that
             propp'd
             up
             the
             Dispensative
             Power
             ;
             no
             ,
             not
             by
             that
             mention'd
             in
             
               Keeble's
               Reports
            
             about
             Thomas
             and
             
             Sorrell's
             Case
             to
             have
             been
             said
             in
             the
             
               Exchequer
               Chamber
            
             by
             Ellis
             the
             
               King's
               Serjeant
            
             (
             and
             whose
             Opinion
             was
             as
             Currant
             for
             Sterling-Law
             as
             any
             Man
             's
             of
             the
             long
             Robe
             .
             )
             
               Viz.
               That
               the
               King
               may
               SUSPEND
               an
               Act
               of
               Parliament
               till
               next
               Session
               .
            
          
           
             And
             now
             since
             it
             hath
             thus
             appear'd
             out
             of
             that
             
               Chief
               Iustice
            
             his
             Report
             ,
             that
             at
             least
             a
             sixth
             part
             of
             the
             Sworn
             Iudges
             of
             the
             Realm
             (
             as
             he
             thought
             )
             were
             unacquainted
             with
             the
             meaning
             of
             Dispensing
             ,
             I
             think
             it
             may
             pass
             for
             a
             Miracle
             if
             any
             great
             number
             of
             the
             mobile
             did
             understand
             it
             .
          
           
             But
             without
             their
             troubling
             their
             heads
             with
             Law-Books
             ,
             if
             they
             would
             but
             mind
             their
             English
             Bibles
             ,
             and
             there
             consult
             the
             12th
             of
             
               S.
               Mathew
            
             ,
             they
             would
             soon
             forbear
             calling
             the
             lawful
             
               Dispensing
               with
               the
               Laws
               establish'd
               a
               Contradiction
               .
            
             Our
             learned
             Ames
             on
             
               the
               Priests
               in
               the
               Temple
               Prophaning
               the
               Sabbath
               and
               being
               blameless
               ,
            
             observes
             very
             well
             in
             his
             Cases
             of
             Conscience
             ,
             1.
             3.
             c.
             17.
             
             That
             
               Praecepta
               Deiex
               suâ
               naturâ
               nunquam
               ita
               Concurrent
               ,
               at
               necesse
               sit
               alterum
               eorum
               propriè
               violare
               per
               peccatum
               .
               Quum
               enim
               praeceptum
               aliquod
               minus
               negligendum
               est
               ,
               ut
               majus
               observetur
               ,
               minus
               illud
               cessat
               pro
               illo
               tempore
               obligare
            
             (
             that
             is
             to
             say
             ,
             is
             dispens'd
             with
             )
             
               ita
               ut
               qui
               ex
               tali
               occasione
               illud
               negligunt
               ,
               sint
               planè
               inculpabiles
               ,
               id
               est
               non
               peccent
               .
            
             Matth.
             12.
             5
             ,
             7.
             
             And
             as
             to
             that
             in
             the
             Chapter
             of
             
               David's
               entring
               into
               the
               House
               of
               God
               and
               eating
               the
               Shew-bread
               ,
               which
               was
               not
               lawful
               for
               him
               to
               eat
               ,
            
             &c.
             the
             Lord
             Bishop
             of
             London
             in
             his
             
               Second
               Letter
               to
               his
               Clergy
            
             ,
             Printed
             A.
             1680.
             in
             the
             Paragraph
             about
             
               The
               half
               Communion
            
             ,
             occasionally
             thus
             observes
             with
             great
             Judgment
             ,
             
               That
               a
               positive
               Command
               of
               God
               cannot
               be
               disobey'd
               without
               guilt
               ,
               unless
               on
               some
               one
               or
               more
               of
               these
               grounds
               ,
               either
               ,
            
             1.
             
             
               That
               God
               dispenses
               with
               it
               as
               he
               did
               with
               Circumcision
               in
               the
               Wilderness
               .
               Or
               ,
            
             2.
             
             
               That
               some
               Evil
               greater
               then
               the
               Consequence
               of
               the
               Non-Performance
               of
               it
               will
               certainly
               follow
               :
               as
               when
               David
               ate
               the
               Shew-bread
               and
               they
               that
               were
               with
               him
               :
               which
               depends
               on
               that
               rule
               of
               our
               Saviour
               ,
               which
               tho
               apply'd
               to
               the
               Sabbath
               ,
               yet
               extends
               to
               all
               other
               positive
               Commands
               ,
               that
               man
               was
               not
               made
               for
               them
               ,
               but
               they
               for
               man
               :
               Or
               lastly
               ,
               in
               case
               of
               incapacity
               ,
               as
               the
               Children
               of
               Israels
               not
               going
               up
               to
               Ierusalem
               in
               the
               time
               of
               Captivity
               .
            
          
           
             And
             there
             are
             other
             words
             in
             a
             foregoing
             Chapter
             of
             S.
             Matthew
             that
             are
             still
             applicable
             to
             the
             Pharisaical
             ignorance
             of
             
               such
               as
               reproach
               DISPENSING
            
             as
             unlawful
             ,
             
               Go
               and
               learn
               what
               that
               means
               ,
               I
               will
               have
               mercy
               and
               not
               sacrifice
               .
            
          
           
             But
             according
             to
             the
             Example
             of
             our
             Blessed
             Lord
             in
             
               Having
               Compassion
               on
               the
               multitude
            
             ,
             I
             think
             you
             have
             taken
             a
             just
             occasion
             for
             the
             pitying
             so
             many
             of
             your
             Countrymen
             who
             in
             the
             present
             Conjuncture
             presume
             to
             
               exercise
               themselves
               in
               great
               Matters
               ,
               or
               in
               things
               too
               high
               for
               them
            
             relating
             to
             Law
             and
             State
             ,
             and
             who
             without
             enquiring
             about
             the
             modus
             of
             Dispensing
             with
             the
             Laws
             establish'd
             ,
             wherein
             Lawyers
             differ
             ,
             cry
             down
             the
             thing
             it self
             wholly
             and
             absolutely
             as
             a
             Contradiction
             to
             the
             
               lex
               terrae
            
             ,
             and
             in
             which
             not
             being
             so
             all
             Lawyers
             agree
             .
          
           
             My
             Lord
             Primate
             Bramhal
             in
             his
             Book
             of
             
               A
               fair
               Warning
               to
               take
               heed
               of
               the
               Scottish
               Discipline
               ,
            
             shewing
             in
             
               Chap.
               6.
            
             (
             that
             I
             have
             before
             referred
             to
             )
             
               That
               it
               robs
               the
               King
               of
               his
               Dispensative
               Power
               ,
            
             doth
             
               wish
               any
               one
               averse
               to
               that
               Power
               no
               greater
               Censure
               then
               that
               the
               Penal
               Laws
               might
               be
               duly
               executed
               on
               him
               till
               he
               recant
               his
               error
               .
            
             And
             how
             Penal
             a
             thing
             by
             the
             
             Laws
             of
             Nations
             ,
             it
             is
             to
             alienate
             the
             hearts
             of
             People
             from
             the
             
             Prince's
             Government
             ,
             all
             the
             great
             Writers
             of
             those
             Laws
             ,
             and
             of
             the
             
               Iura
               Majestatis
            
             have
             enough
             shewn
             .
          
           
             Moreover
             how
             Criminal
             ,
             a
             thing
             of
             that
             Nature
             is
             in
             the
             Court
             of
             Conscience
             ,
             our
             two
             great
             Writers
             of
             it
             ,
             Ames
             and
             Sanderson
             have
             enough
             taught
             us
             .
             The
             Moral
             offices
             of
             Subjects
             toward
             their
             Princes
             are
             well
             set
             forth
             in
             Ames
             his
             Cases
             of
             Conscience
             ,
             1.
             5.
             c.
             25.
             and
             where
             he
             saith
             .
             
               Debent
               ex
               singulari
               reverentiâ
               cavere
               ,
               ne
               temerarium
               judicium
               ferant
               de
               ipsorum
               administrationes
            
             Exod.
             21.
             28.
             
             Eccles.
             10.
             20.
             2
             
             Pet.
             2.
             10.
             
             Jud.
             8.
             
             
               Fundamentum
               hujus
               cautionis
               est
            
             ,
             1.
             
             
               Candor
               ille
               qui
               cum
               erga
               omnes
               debet
               adhiberi
               ,
               tum
               singulariter
               erga
               Superiores
               .
            
             2.
             
             
               Difficultas
               explorandi
               fontes
               &
               causas
               negotiorum
               Publicorum
               .
            
             3.
             
             
               Moderatio
               illa
               quâ
               leves
               infirmitates
               &
               offensiones
               tolerare
               debemus
               ,
               &
               communi
               tranquillitati
               condonare
               .
            
          
           
             And
             Bishop
             Sanderson
             in
             his
             11th
             
               Sermon
               ,
               Ad
               aulam
            
             ,
             shewing
             the
             inconvenience
             of
             
               rashly
               judging
               things
               to
               be
               unlawful
               ,
            
             observes
             how
             
               thereby
               mens
               affections
               are
               ali●…nated
               from
               one
               another
               :
            
             and
             saith
             he
             ,
             
               our
               own
               deceitful
               hearts
               must
               needs
               tell
               us
               ,
               how
               hardly
               we
               think
               of
               those
               Men
               who
               do
               those
               things
               ,
               we
               think
               unlawful
               :
               as
               for
               example
               ,
               if
               we
               think
               dressing
               of
               Meat
               and
               using
               any
               recreations
               to
               be
               profanatious
               of
               the
               Lord's-Day
               ,
               we
               must
               needs
               judg
               those
               men
               who
               do
               so
               use
               them
               ,
               to
               be
               prophaners
               of
               the
               Lord's-Day
            
             ;
             and
             he
             further
             observes
             ,
             
               That
               Governours
               thereby
               come
               to
               be
               robbed
               of
               a
               great
               deal
               of
               that
               honour
               that
               is
               due
               to
               them
               from
               their
               People
               ,
               both
               in
               their
               affections
               and
               subjection
               :
            
             and
             saith
             ,
             
               if
               we
               have
               in
               our
               thoughts
               prejudged
               any
               of
               the
               things
               commanded
               by
               the
               Magistrate
               to
               be
               unlawful
               ,
               our
               hearts
               will
               be
               sowred
               toward
               our
               Governours
               ,
               and
               Men
               will
               directly
               ,
               or
               indirectly
               and
               obliquely
               speak
               evil
               of
               them
               ,
            
             &c.
             
          
           
             Mr.
             
             Hobb's
             writing
             of
             the
             passions
             ,
             observes
             well
             ,
             
               That
               the
               passion
               whose
               violence
               or
               continuance
               maketh
               madness
               ,
               is
               either
               great
               vain
               glory
               ,
               which
               is
               commonly
               called
               Pride
               and
               Self-conceit
               ,
               or
               great
               dejection
               of
               Mind
               ,
               and
               that
               excessive
               opinion
               of
               a
               Man
               's
               own
               self
               for
               divine
               Inspiration
               ,
               for
               Wisdom
               ,
               Learning
               ,
               Form
               and
               the
               like
               becomes
               distraction
               and
               giddiness
               :
               the
               same
               joyn'd
               with
               Envy
               ,
               Rage
               ,
               vehement
               opinion
               of
               the
               truth
               of
               any
               thing
               contradicted
               by
               others
               ,
               Rage
               ,
            
             &c.
             
               and
               if
               the
               excesses
               be
               madness
               ,
               there
               is
               no
               doubt
               but
               the
               Passions
               themselves
               when
               they
               tend
               to
               evil
               are
               degrees
               of
               the
               same
               .
            
             And
             therefore
             when
             we
             see
             so
             many
             Mechanical
             Persons
             ,
             as
             to
             the
             Point
             of
             Dispensation
             in
             general
             ,
             not
             allowing
             their
             own
             Rule
             of
             
               Cuilibet
               in
               suâ
               arte
               credendum
            
             ,
             so
             many
             Men
             and
             Women
             ,
             and
             such
             whom
             the
             Law
             terms
             Infants
             ,
             so
             rude
             in
             the
             knowledge
             of
             the
             Law
             ,
             and
             yet
             so
             transported
             with
             Pride
             and
             Self-Conceit
             ,
             and
             such
             an
             excessive
             opinion
             of
             themselves
             for
             Wisdom
             and
             Knowledge
             ,
             and
             for
             being
             inspired
             with
             new
             light
             in
             this
             
               dark
               Learning
            
             ,
             none
             need
             wish
             them
             greater
             Punishment
             then
             such
             their
             Distemper
             ;
             adding
             thereunto
             the
             Pharisaical
             humour
             they
             have
             been
             so
             much
             abandon'd
             to
             ,
             namely
             ,
             of
             their
             own
             dispensing
             with
             Moral
             and
             Eternal
             Duties
             ,
             and
             such
             as
             I
             have
             referr'd
             to
             in
             Ames
             and
             Sanderson
             ,
             and
             things
             in
             their
             own
             nature
             indispensable
             ,
             and
             which
             are
             the
             
               weightier
               Matters
               of
               the
               Law
            
             ,
             while
             they
             cry
             out
             of
             the
             dispensing
             with
             Positive
             Rites
             and
             Institutions
             as
             illegal
             .
          
        
         
           
             A.
             
          
           
             There
             is
             another
             punishment
             too
             that
             I
             think
             we
             may
             well
             agree
             to
             leave
             them
             to
             ,
             and
             that
             is
             what
             
               Grotius
               cite
            
             ,
             out
             of
             Plato
             ,
             viz.
             
               poena
               errantis
               est
               doceri
            
             ,
             but
             we
             must
             submit
             that
             to
             time
             ;
             and
             when
             God
             pleaseth
             ,
             
               the
               heart
               of
               the
               rash
               shall
               understand
               knowledge
               .
            
             And
             in
             the
             mean
             while
             ,
             to
             the
             noyse
             of
             such
             People
             who
             wilfully
             shut
             their
             eyes
             ,
             we
             will
             stop
             our
             ears
             .
             You
             may
             well
             suppose
             me
             ,
             who
             have
             read
             that
             Report
             of
             Sir
             
               I.
               Vaughan
            
             ,
             lawyer
             enough
             to
             assert
             and
             defend
             according
             to
             my
             oath
             the
             Regal
             
             privilege
             of
             the
             Dispensative
             power
             in
             General
             :
             but
             as
             to
             the
             modus
             of
             it
             ,
             and
             whether
             according
             to
             the
             
               lex
               terrae
            
             the
             Crown
             can
             dispense
             with
             incapacity
             incurred
             by
             Act
             of
             Parliament
             ,
             I
             am
             yet
             to
             learn
             :
             and
             am
             so
             solicitous
             to
             find
             out
             the
             truth
             therein
             ,
             that
             I
             shall
             be
             glad
             if
             at
             our
             next
             meeting
             you
             will
             take
             the
             shortest
             way
             to
             my
             satisfaction
             therein
             ,
             tho
             it
             may
             perhaps
             occasion
             your
             for
             a
             while
             striking
             out
             of
             the
             road
             of
             the
             former
             discourse
             we
             were
             in
             .
          
        
         
           
             B.
             
          
           
             You
             know
             we
             had
             made
             some
             entrance
             into
             the
             consideration
             of
             the
             promissory
             part
             of
             the
             Oath
             ,
             and
             of
             the
             Dispensative
             power
             ,
             as
             promised
             to
             be
             assisted
             and
             defended
             ,
             and
             as
             a
             Privilege
             inherent
             in
             the
             Crown
             .
             But
             since
             you
             will
             have
             me
             take
             the
             shortest
             way
             I
             can
             out
             of
             the
             words
             in
             your
             Oath
             ,
             to
             satisfy
             you
             about
             the
             dispensing
             with
             such
             incapacity
             as
             you
             have
             mentioned
             ,
             I
             must
             in
             compliance
             with
             your
             desire
             refer
             you
             to
             the
             Assertory
             part
             of
             the
             Oath
             ,
             when
             we
             meet
             again
             .
          
        
      
       
         
           
           
             To
             the
             Right
             Honorable
             the
             Lord
             Marquess
             of
             Powys
             ,
             one
             of
             the
             Lords
             of
             His
             Majesty's
             most
             Honorable
             Privy-Council
             .
          
           
             
               MY
               LORD
               ,
            
          
           
             I
             Having
             in
             
               p.
               57
               ,
               58
               ,
               59.
            
             of
             the
             following
             Second
             Part
             occasionally
             dilated
             on
             the
             Common
             Place
             or
             Notion
             of
             Heaven
             having
             so
             often
             made
             so
             much
             use
             of
             the
             weight
             of
             one
             man
             in
             the
             balance
             of
             Government
             ,
             I
             esteem'd
             my
             dedicating
             this
             Part
             of
             my
             Work
             to
             your
             Lordship
             but
             common
             Iustice
             to
             your
             Character
             ,
             who
             have
             been
             the
             happy
             Instrument
             of
             God
             and
             the
             King
             in
             making
             so
             many
             Englishmen
             happy
             .
          
           
             My
             Lord
             ,
             It
             is
             but
             natural
             
               when
               the
               Just
               are
               in
               Authority
               ,
               for
               the
               People
               to
               rejoice
               (
               as
               Solomon
               tells
               us
               )
            
             and
             for
             them
             likewise
             to
             anticipate
             the
             Honours
             of
             the
             Prince's
             affording
             to
             a
             Person
             heroically
             just
             ,
             by
             wishing
             them
             .
             And
             this
             is
             most
             properly
             applicable
             to
             your
             Lordship
             ;
             and
             that
             in
             your
             Case
             may
             be
             said
             what
             Pliny
             in
             his
             Panegyric
             mentions
             of
             Nerva's
             adopting
             Trajan
             ,
             That
             it
             was
             impossible
             it
             should
             have
             pleas'd
             all
             when
             it
             was
             done
             ,
             except
             it
             had
             pleas'd
             all
             before
             it
             was
             done
             .
          
           
             My
             Lord
             ,
             It
             was
             Nature
             that
             prompted
             them
             to
             presage
             with
             Pleasure
             the
             Profit
             that
             would
             come
             to
             them
             from
             the
             accessions
             of
             Honour
             to
             you
             ,
             and
             whereby
             they
             knew
             that
             the
             height
             of
             your
             Power
             would
             be
             naturally
             productive
             of
             Blessings
             to
             them
             as
             the
             height
             of
             Hills
             and
             Mountains
             is
             of
             Springs
             for
             the
             benefit
             of
             the
             lower
             Earth
             ,
             and
             of
             those
             who
             inhabit
             it
             ,
             and
             which
             are
             found
             wanting
             in
             Countrys
             where
             there
             are
             no
             Hills
             .
             And
             the
             Ancient
             placing
             of
             the
             Statues
             of
             Magistrates
             by
             Fountains
             ,
             may
             be
             supposed
             to
             have
             been
             an
             indication
             of
             the
             Peoples
             valuing
             them
             as
             the
             Causers
             of
             what
             did
             console
             and
             refresh
             them
             .
          
           
             My
             Lord
             ,
             when
             I
             consider
             how
             much
             your
             Lordship
             and
             other
             just
             Persons
             of
             the
             Roman-Catholick
             Communion
             have
             in
             the
             performance
             of
             the
             moral
             Offices
             of
             Natural
             Obedience
             to
             your
             Prince
             obliged
             so
             many
             of
             his
             Subjects
             by
             your
             being
             helpful
             to
             them
             against
             Oppressions
             in
             their
             Estates
             and
             Consciences
             ,
             I
             hope
             I
             shall
             not
             appear
             too
             sanguine
             in
             my
             Conjecture
             of
             any
             ferment
             soon
             naturally
             ceasing
             about
             the
             exercise
             of
             the
             Dispensative
             Power
             being
             a
             gravamen
             to
             Property
             .
          
           
             My
             Lord
             ,
             I
             shall
             in
             the
             former
             of
             the
             two
             remaining
             Parts
             of
             this
             my
             Work
             (
             and
             which
             are
             both
             ready
             for
             the
             Press
             )
             entertain
             your
             Lordship
             with
             such
             a
             farther
             Assertion
             of
             those
             offices
             of
             that
             
             Obedience
             call'd
             Natural
             ,
             as
             I
             believe
             will
             give
             no
             offence
             to
             any
             Zealot
             ,
             or
             Patriot
             ,
             and
             as
             I
             have
             hitherto
             took
             care
             to
             give
             none
             to
             either
             :
             For
             tho
             I
             think
             it
             not
             deniable
             that
             our
             Princes
             may
             by
             their
             Laws
             limit
             the
             exercise
             of
             that
             Allegiance
             or
             Obedience
             ,
             with
             respect
             to
             Circumstances
             ,
             yet
             as
             no
             Humane
             Laws
             can
             legitimate
             the
             entire
             withdrawing
             of
             any
             part
             of
             the
             Obedience
             enjoin'd
             by
             the
             Divine
             Law
             natural
             or
             positive
             ,
             so
             how
             our
             
               Lex
               ●…rrae
            
             hath
             not
             limited
             the
             exercise
             of
             the
             Regal
             Power
             from
             the
             Dispensing
             with
             Disability
             ,
             as
             in
             the
             Case
             now
             so
             much
             agitated
             ,
             I
             have
             shewn
             ,
             and
             shall
             further
             .
             But
             I
             conceive
             it
             here
             necessary
             for
             me
             to
             acquaint
             your
             Lordship
             that
             I
             have
             been
             often
             put
             to
             it
             as
             speaking
             
               cum
               vulgo
               &
               grosso
               modo
            
             ,
             and
             for
             
             brevity's
             sake
             to
             use
             the
             aforesaid
             Expression
             of
             Dispensing
             with
             Disability
             ,
             and
             with
             Disability
             incurr'd
             by
             Act
             of
             Parliament
             ,
             that
             is
             ,
             with
             what
             is
             generally
             enacted
             to
             be
             incurr'd
             ,
             and
             SEEMS
             to
             be
             alike
             incurr'd
             by
             all
             Persons
             who
             perform
             not
             what
             the
             Act
             enjoins
             ;
             and
             which
             Dispensing
             with
             Disability
             is
             frequently
             used
             in
             popular
             discourse
             for
             the
             pardoning
             it
             ,
             and
             for
             the
             
               liberatio
               à
               poenâ
            
             ,
             and
             as
             the
             Lord
             Chief
             Iustice
             
             Vaughan's
             Report
             by
             me
             so
             much
             cited
             mentions
             dispensing
             to
             have
             been
             defined
             by
             some
             of
             the
             Iudges
             .
             But
             to
             a
             judgment
             so
             vastly
             comprehensive
             and
             profoundly
             penetrating
             as
             your
             Lordships
             ,
             the
             dispensing
             with
             Disability
             must
             easily
             appear
             to
             be
             properly
             meant
             of
             the
             preventing
             it
             ,
             and
             the
             dispensing
             with
             what
             might
             Cause
             it
             (
             according
             to
             the
             style
             of
             Queen
             
             Elizabeth's
             Letters
             Patents
             )
             or
             effect
             the
             actual
             incurring
             of
             what
             will
             reverâ
             be
             incurr'd
             by
             the
             Persons
             not
             exempted
             by
             Dispensation
             from
             the
             doing
             what
             the
             Law
             enjoins
             :
             and
             which
             will
             be
             made
             to
             appear
             obvious
             to
             every
             man's
             understanding
             in
             one
             of
             the
             following
             Parts
             ,
             and
             wherein
             I
             shall
             have
             occasion
             to
             speak
             less
             
               cum
               vulgo
            
             and
             more
             closely
             and
             accurately
             of
             the
             Nature
             of
             Dispensing
             ,
             and
             of
             its
             effects
             in
             either
             forum
             ,
             then
             yet
             I
             have
             had
             .
          
           
             And
             now
             having
             Named
             that
             Great
             Queen
             ,
             I
             shall
             not
             doubt
             but
             since
             the
             Members
             of
             the
             Church
             of
             England
             do
             now
             under
             our
             most
             puissant
             and
             most
             just
             Monarch
             find
             themselves
             as
             secure
             in
             the
             Profession
             of
             the
             Religion
             by
             Law
             establish'd
             as
             they
             did
             in
             her
             great
             and
             glorious
             Reign
             ,
             it
             will
             upon
             recollection
             of
             thought
             appear
             as
             natural
             to
             them
             to
             hold
             themselves
             obliged
             to
             shew
             the
             same
             tenderness
             for
             every
             branch
             of
             Prerogative
             ,
             and
             particularly
             for
             that
             of
             the
             
               Dispensative
               Power
            
             ,
             that
             was
             then
             so
             remarkable
             in
             Parliament
             ,
             and
             throughout
             the
             Realm
             .
          
           
             
               My
               Lord
               ,
            
             
               Your
               Lordship
               's
               most
               Obedient
               Servant
               ,
               P.
               P.
               
            
          
        
         
           
           
             PART
             II.
             
          
           
             
               B.
               
            
             
               I
               again
               bid
               you
               welcome
               ,
               and
               am
               ready
               to
               go
               on
               where
               we
               last
               left
               off
               ,
               and
               do
               not
               in
               the
               least
               doubt
               of
               your
               welcoming
               any
               thing
               I
               can
               say
               to
               you
               that
               may
               import
               you
               to
               know
               in
               order
               to
               your
               sworn
               assistance
               and
               defence
               of
               every
               Privilege
               belonging
               to
               the
               Crown
               .
               And
               I
               shall
               frankly
               tell
               you
               ,
               that
               you
               and
               other
               Protestants
               who
               in
               a
               late
               Conjuncture
               did
               shew
               a
               more
               then
               ordinary
               zeal
               against
               Popery
               or
               Papal
               Usurpations
               ,
               ought
               to
               consider
               that
               you
               have
               thereby
               put
               your selves
               under
               an
               especial
               Obligation
               of
               
               tenderness
               ●…for
               all
               the
               rights
               of
               your
               Prince
               ,
               and
               of
               hating
               all
               popular
               Usurpations
               or
               diminutions
               thereof
               ,
               with
               an
               exemplary
               and
               most
               
                 perfect
                 hatred
              
               ,
               and
               of
               thereby
               avoiding
               the
               being
               judged
               hypocrites
               and
               factious
               .
            
          
           
             
               A.
               
            
             
               I
               do
               herein
               most
               fully
               agree
               with
               you
               :
               and
               that
               the
               late
               zeal
               of
               the
               same
               Persons
               against
               papal
               Usurpations
               ,
               and
               for
               popular
               ones
               was
               a
               scandal
               to
               the
               Age.
               I
               remember
               you
               once
               observ'd
               to
               me
               ,
               how
               tender
               the
               Protestants
               in
               the
               times
               of
               Queen
               Elizabeth
               and
               King
               Iames
               the
               first
               ,
               were
               of
               every
               Right
               and
               Privilege
               of
               the
               Crown
               with
               the
               most
               
                 perfect
                 tenderness
              
               ,
               while
               the
               Attaques
               from
               the
               Court
               of
               Rome
               against
               those
               Princes
               had
               made
               the
               highest
               Ferment
               in
               the
               minds
               of
               the
               Populace
               .
               But
               I
               think
               there
               never
               was
               any
               Conjuncture
               of
               time
               here
               ,
               when
               so
               many
               of
               the
               declaimers
               against
               Popery
               ,
               and
               so
               many
               of
               the
               fautors
               of
               Plot-witnesses
               were
               so
               much
               at
               the
               same
               time
               for
               
                 a
                 Plot
              
               and
               
                 no
                 Plot
              
               ,
               and
               for
               
                 a
                 King
                 and
                 no
                 King
              
               ;
               that
               is
               to
               say
               ,
               did
               so
               much
               make
               a
               stalking-horse
               of
               Popery
               ,
               whereby
               to
               strike
               at
               Prerogative
               .
            
          
           
             
               B.
               
            
             
               But
               you
               know
               that
               the
               talk
               of
               Plots
               and
               Popery
               was
               before
               apply'd
               to
               that
               use
               .
               You
               know
               
                 Archbishop
                 Laud
              
               in
               his
               
                 Star-chamber
                 Speech
                 ▪
              
               A
               1637.
               mentions
               it
               p.
               11.
               
                 as
                 the
                 scope
                 of
                 the
                 Libellers
              
               of
               the
               Faction
               
                 to
                 kindle
                 a
                 jealousy
                 in
                 Mens
                 minds
                 ,
                 that
                 there
                 were
                 some
                 great
                 Plots
                 in
                 hand
                 to
                 change
                 the
                 Religion
                 established
                 ,
                 and
                 to
                 bring
                 in
                 (
                 I
                 know
                 not
                 what
                 )
                 Romish
                 Superstition
                 .
              
               And
               the
               history
               of
               those
               times
               sheweth
               you
               how
               the
               Men
               that
               cry'd
               up
               Plots
               then
               did
               decry
               Prerogative
               .
               And
               in
               the
               Conjuncture
               of
               41.
               the
               famous
               Protestation
               of
               May
               the
               5th
               that
               year
               ,
               begins
               with
               Out-cries
               of
               
                 Designs
                 of
                 Popish
                 Priests
                 and
                 Iesuits
                 and
                 other
                 Papists
                 and
                 their
                 PLOTS
                 and
                 CONSPIRACIES
                 ,
              
               and
               the
               Preface
               of
               the
               Covenant
               runs
               on
               in
               the
               style
               of
               
                 ●…loody
                 Plots
                 and
                 Conspiracies
              
               :
               But
               you
               likewise
               know
               the
               dismal
               state
               of
               Prerogative
               in
               those
               times
               then
               occasion'd
               by
               raising
               of
               those
               false
               Alarms
               of
               Plots
               .
            
             
               And
               I
               may
               account
               it
               as
               a
               beneficial
               Providence
               to
               the
               Age
               ,
               that
               shortly
               after
               our
               last
               
                 Plot-Epoche
                 ,
                 M
                 
                 r.
                 Hobbs
              
               his
               
                 History
                 of
                 the
                 Civil-Wars
              
               coming
               first
               out
               in
               print
               through
               the
               License
               of
               the
               Press
               (
               and
               having
               been
               reserved
               to
               the
               detecting
               then
               the
               artifices
               of
               the
               Demagogues
               that
               produced
               the
               Usurpations
               between
               the
               Years
               1640.
               and
               1660.
               )
               the
               Book
               notwithstanding
               all
               the
               prejudice
               against
               the
               Author
               (
               whether
               just
               or
               unjust
               )
               being
               writ
               with
               so
               much
               strength
               and
               beauty
               of
               Wit
               ,
               as
               to
               make
               it
               fly
               like
               lightning
               round
               the
               Kingdom
               in
               so
               many
               Impressions
               ,
               did
               then
               prove
               to
               many
               ingenious
               and
               thinking
               Men
               an
               effectual
               Antidote
               against
               the
               poysons
               of
               those
               old
               Artifices
               then
               again
               scatter'din
               the
               Press
               ,
               being
               so
               destructive
               to
               Loyalty
               as
               heretofore
               .
            
             
               Sir
               
                 Iohn
                 Davis
              
               in
               his
               Report
               of
               the
               
                 Case
                 of
                 praemunire
                 Hil.
              
               4.
               
               Iacobi
               doth
               but
               right
               to
               the
               loyalty
               of
               Roman
               Catholicks
               and
               to
               the
               genius
               of
               the
               People
               of
               England
               when
               he
               saith
               there
               ,
               
                 That
                 the
                 Commons
                 of
                 England
                 may
              
               
               
                 be
                 an
                 example
                 to
                 all
                 other
                 Subjects
                 in
                 the
                 World
                 ,
                 in
                 this
                 ,
                 that
                 they
                 have
                 ever
                 been
                 TENDER
                 and
                 sensible
                 of
                 the
                 wrongs
                 and
                 dishonours
                 offer'd
                 to
                 their
                 Kings
                 ,
                 and
                 have
                 ever
                 contended
                 to
                 upheld
                 and
                 maintain
                 their
                 Honour
                 and
                 Soveraignty
                 .
                 And
                 their
                 Faith
                 and
                 Loyalty
                 hath
                 been
                 generally
                 such
                 (
                 tho
                 every
                 Age
                 hath
                 brought
                 forth
                 some
                 particular
                 M●…nsters
                 of
                 disloyal●…y
                 )
                 as
                 no
                 pretence
                 of
                 Zeal
                 of
                 Religion
                 could
                 ever
                 withdraw
                 the
                 greater
                 part
                 of
                 the
                 Subjects
                 of
                 submit
                 themselves
                 to
                 a
                 foreign
                 yoke
                 ;
                 no
                 ,
                 not
                 when
                 Popery
                 was
                 in
                 its
                 height
                 and
                 exaltation
                 .
              
            
             
               It
               is
               therefore
               no
               marvel
               that
               toward
               the
               latter
               end
               of
               the
               Reign
               of
               the
               late
               King
               ,
               the
               very
               Mobile
               who
               had
               been
               so
               zealous
               against
               papal
               usurpations
               ,
               and
               so
               fiery
               in
               charging
               
                 ALL
                 Papists
              
               with
               disloyalty
               ,
               did
               upon
               their
               discovery
               of
               the
               artifices
               of
               republican
               deluders
               to
               put
               an
               inglorious
               domestic
               yoke
               on
               the
               Monarchy
               ,
               then
               think
               themselves
               obliged
               by
               the
               universality
               of
               their
               loyal
               addresses
               to
               shew
               the
               more
               extraordinary
               zeal
               against
               any
               Popular
               Usurpations
               .
               And
               so
               I
               account
               it
               but
               natural
               to
               you
               who
               are
               made
               
                 è
                 meliore
                 luto
              
               ,
               to
               be
               ready
               to
               shew
               your
               most
               consummate
               zeal
               for
               every
               Privilege
               of
               the
               Crown
               .
            
          
           
             
               A.
               
            
             
               It
               is
               not
               possible
               for
               any
               Man
               to
               wish
               me
               more
               sensible
               of
               my
               obligation
               in
               this
               point
               then
               I
               really
               am
               :
               and
               the
               rather
               for
               that
               I
               find
               so
               many
               mens
               loyalty
               to
               be
               but
               a
               kind
               of
               loud
               noisy
               nothing
               ,
               or
               a
               metaphysical
               universale
               ,
               however
               they
               may
               ●…ansie
               it
               to
               be
               a
               real
               being
               :
               but
               what
               I
               know
               cannot
               exist
               a
               part
               from
               the
               particular
               Rights
               and
               Privileges
               belonging
               to
               the
               Crown
               being
               assisted
               and
               defended
               ,
               and
               from
               a
               serious
               endeavour
               to
               understand
               the
               truth
               about
               their
               belonging
               to
               it
               .
               And
               my
               solicitousness
               to
               find
               out
               which
               in
               the
               shortest
               way
               possible
               and
               particularly
               as
               to
               the
               Privilege
               of
               discharging
               incapacity
               or
               disability
               incurr'd
               by
               Act
               of
               Parliament
               ,
               (
               as
               I
               told
               you
               at
               our
               last
               meeting
               )
               engaged
               me
               to
               divert
               you
               out
               of
               the
               course
               of
               your
               method
               ,
               and
               whereupon
               you
               told
               me
               you
               would
               refer
               my
               thoughts
               to
               the
               Assertory
               part
               of
               the
               Oath
               .
            
          
           
             
               B.
               
            
             
               Well
               :
               what
               ever
               damps
               I
               may
               see
               on
               English
               Mens
               loyalty
               ,
               or
               degeneracy
               from
               its
               nature
               by
               the
               arts
               of
               faction
               a
               while
               perverting
               them
               not
               to
               assist
               and
               defend
               this
               or
               that
               Privilege
               of
               the
               Crown
               ,
               I
               shall
               never
               despair
               of
               their
               coming
               again
               to
               themselves
               :
               and
               that
               tho
               as
               in
               a
               vessel
               of
               Water
               and
               Oyl
               ,
               while
               any
               one
               is
               shaking
               it
               ,
               the
               Water
               may
               over-top
               the
               Oyl
               ,
               so
               likewise
               in
               their
               minds
               while
               shaken
               and
               stirred
               by
               Demagogues
               the
               Oyl
               of
               
                 the
                 Lord
                 's
                 anointed
              
               is
               not
               there
               uppermost
               ;
               yet
               that
               through
               its
               own
               nature
               ,
               and
               through
               the
               English
               good
               nature
               and
               their
               natural
               addiction
               to
               Religion
               ,
               it
               will
               in
               time
               naturally
               appear
               to
               be
               so
               .
            
             
               And
               now
               to
               go
               on
               without
               further
               prefacing
               on
               either
               side
               ,
               what
               if
               I
               should
               tell
               you
               that
               it
               imports
               you
               to
               consider
               ,
               that
               in
               in
               the
               Assertory
               part
               of
               the
               Oath
               of
               Supremacy
               ,
               you
               have
               declared
               and
               asserted
               that
               authority
               ,
               as
               
                 due
                 to
                 the
                 King
                 
                   that
                   was
                   challenged
                   and
                   used
                   by
                   king
                
              
               Henry
               the
               8th
               and
               Edward
               the
               6th
               ,
               that
               is
               ,
               that
               
                 the
                 King
                 under
                 God
                 ,
                 hath
                 the
                 Soveraignty
                 and
                 Rule
                 over
                 all
                 manner
                 of
                 Persons
                 born
                 within
                 these
                 his
                 Realms
                 of
                 what
                 Estate
                 either
                 Ecclesiastical
                 or
                 Temporal
                 so
                 ever
                 ,
                 so
                 as
                 no
                 other
                 foreign
                 Power
                 ,
                 shall
                 or
                 ought
                 to
                 have
                 any
                 superiority
                 over
                 them
                 ?
              
            
          
           
             
               A.
               
            
             
               I
               would
               then
               tell
               you
               ,
               that
               you
               have
               mentioned
               some
               things
               to
               be
               in
               this
               Oath
               ,
               that
               I
               remember
               not
               to
               be
               there
               .
            
          
           
             
               B.
               
            
             
               I
               grant
               that
               I
               mention'd
               to
               you
               somethings
               that
               are
               not
               express'd
               in
               the
               Oath
               ,
               and
               in
               the
               form
               of
               it
               as
               it
               is
               administred
               ,
               and
               was
               enacted
               1
               Eliz.
               c.
               1.
               and
               by
               which
               Act
               the
               refusers
               of
               such
               Oath
               are
               punish'd
               with
               DISABILITY
               to
               bear
               Office.
               But
               in
               the
               same
               year
               in
               which
               that
               Act
               pass'd
               ,
               
                 Queen
                 Elizabeth
              
               in
               an
               ADMONITION
               annext
               to
               her
               Injunctions
               ,
               thought
               
               fit
               to
               exercise
               her
               Royal
               authority
               of
               the
               Interpretation
               or
               Declaration
               of
               the
               sense
               of
               that
               Oath
               enjoyn'd
               by
               Act
               of
               Parliament
               ;
               and
               in
               that
               Admonition
               you
               will
               find
               those
               words
               that
               you
               remember
               not
               in
               the
               Oath
               you
               took
               :
               as
               likewise
               her
               ACQUITTAL
               of
               all
               Persons
               from
               all
               manner
               of
               Penalties
               ,
               and
               consequently
               of
               disability
               ,
               who
               took
               the
               Oath
               according
               to
               the
               sense
               of
               it
               publish'd
               in
               her
               Interpretation
               .
               And
               if
               you
               consult
               the
               Act
               ,
               you
               will
               see
               that
               the
               disabilities
               inflicted
               in
               the
               Act
               on
               the
               refusers
               of
               the
               Oath
               are
               various
               .
               And
               thus
               then
               you
               see
               ,
               that
               as
               soon
               as
               you
               have
               done
               taking
               the
               Oath
               ,
               you
               are
               immediately
               call'd
               on
               by
               your
               Conscience
               to
               defend
               the
               Privilege
               and
               preeminence
               of
               your
               Prince
               ,
               viz.
               of
               interpreting
               his
               Laws
               ,
               and
               of
               discharging
               the
               disabilities
               thereby
               inflicted
               .
            
          
           
             
               A.
               
            
             
               I
               now
               remember
               that
               I
               have
               read
               that
               Admonition
               of
               the
               Queens
               ;
               but
               I
               account
               
                 Proclamations
                 ,
                 Injunctions
              
               ,
               and
               Admonitions
               of
               Princes
               to
               be
               but
               temporary
               Laws
               ,
               and
               that
               therefore
               this
               Interpretation
               of
               the
               Queen's
               and
               her
               discharging
               of
               Disabilities
               expired
               with
               her
               Reign
               .
            
          
           
             
               B.
               
            
             
               To
               obviate
               such
               thought
               ,
               I
               shall
               tell
               you
               that
               in
               the
               Act
               of
               the
               5th
               of
               Queen
               Elizabeth
               ,
               c.
               1.
               and
               by
               which
               the
               Refusal
               of
               the
               Oath
               of
               Supremacy
               is
               punish'd
               more
               severely
               then
               by
               the
               before-mention'd
               disability
               ,
               viz.
               by
               Proemunire
               for
               the
               first
               Refusal
               ,
               and
               by
               making
               it
               Treason
               for
               some
               Persons
               to
               refuse
               it
               a
               second
               time
               (
               but
               Penalties
               that
               none
               ever
               doubted
               but
               the
               Crown
               might
               by
               its
               Pardon
               discharge
               )
               there
               is
               a
               Proviso
               that
               the
               Oath
               (
               viz.
               of
               Supremacy
               )
               
                 expressed
                 in
                 the
                 said
                 Act
                 made
                 in
                 the
                 said
                 first
                 year
                 ,
                 shall
                 be
                 takeu
                 and
                 expounded
                 in
                 such
                 form
                 as
                 is
                 set
                 forth
                 in
                 an
                 Admonition
                 annexd
                 to
                 the
                 Queens
                 Majesties
                 Injunctions
                 Publish'd
                 in
                 the
                 first
                 year
                 of
                 her
                 Reign
                 ,
                 that
                 is
                 to
                 say
                 to
                 confess
                 and
                 acknowledge
                 in
                 her
                 Majesty
                 ,
                 her
                 Heirs
                 and
                 Successors
                 ,
                 none
                 other
                 Authority
                 then
                 was
                 challenged
                 ,
                 and
                 lately
                 used
                 by
                 the
                 Noble
                 King
              
               Henry
               
                 the
                 Eighth
                 ,
                 and
                 King
              
               Edward
               
                 the
                 Sixth
                 ,
                 as
                 in
                 the
                 said
                 Admonition
                 may
                 more
                 plainly
                 appear
                 .
              
               And
               this
               too
               lets
               you
               see
               that
               the
               Parliament
               by
               thus
               referring
               to
               the
               Queen's
               Admonition
               did
               approve
               of
               her
               Power
               therein
               exercised
               ,
               and
               of
               her
               having
               acquitted
               her
               Subjects
               from
               the
               Punishment
               of
               disability
               .
            
          
           
             
               A.
               
            
             
               I
               must
               then
               ,
               I
               see
               ,
               fairly
               grant
               you
               that
               by
               that
               
               Parliament's
               having
               thus
               perpetuated
               the
               interpretation
               of
               the
               Oath
               of
               Supremacy
               contain'd
               in
               Queen
               Elizabeth
               '
               
                 s
                 Admonition
              
               ,
               I
               am
               bound
               in
               Conscience
               to
               take
               it
               in
               that
               sense
               ,
               and
               am
               perjured
               if
               I
               do
               not
               so
               keep
               that
               Oath
               ;
               and
               must
               likewise
               grant
               that
               you
               have
               shewn
               how
               auspicious
               that
               Oath
               by
               the
               Queens
               interpreting
               the
               same
               ,
               and
               the
               Parliament
               about
               five
               years
               after
               approving
               that
               Interpretation
               ,
               was
               to
               the
               Assertion
               of
               such
               her
               Power
               ;
               and
               that
               if
               any
               taker
               of
               the
               Oath
               should
               gain-say
               such
               Power
               ,
               you
               have
               prepared
               such
               a
               Confutation
               in
               the
               case
               as
               was
               used
               to
               the
               old
               Philosopher
               who
               disputed
               against
               Motion
               ,
               and
               whom
               his
               Adversary
               confuted
               by
               removing
               him
               from
               his
               place
               .
               But
               as
               you
               are
               a
               fair
               arguer
               ,
               I
               am
               to
               take
               leave
               to
               tell
               you
               ,
               That
               that
               Parliament
               ,
               tho
               they
               approved
               the
               Queen's
               Admonition
               in
               general
               ,
               did
               not
               particularly
               shew
               their
               Approbation
               of
               the
               Queen's
               Power
               of
               dispensing
               with
               the
               Penalties
               that
               she
               exercised
               in
               that
               Admonition
               .
            
          
           
             
               B.
               
            
             
               They
               did
               sufficiently
               shew
               their
               Approbation
               of
               the
               whole
               ;
               and
               therefore
               you
               need
               not
               question
               their
               approving
               of
               its
               parts
               .
               But
               because
               you
               seem
               to
               lay
               some
               stress
               on
               that
               Parliament's
               not
               expresly
               approving
               
                 in
                 terminis
              
               the
               Queen
               's
               Power
               of
               discharging
               the
               Penalties
               (
               and
               one
               of
               which
               by
               the
               Act
               of
               1
               o
               Elizabethoe
               was
               disability
               )
               I
               shall
               tell
               you
               that
               whereas
               Queen
               Elizabeth
               had
               thought
               it
               expedient
               for
               the
               Supporting
               of
               the
               Consecration
               of
               the
               Bishops
               of
               the
               Church
               of
               England
               to
               dispense
               with
               whatever
               might
               cause
               Disability
               ,
               according
               to
               her
               Supream
               Authority
               ,
               by
               her
               
                 Letters
                 Patents
              
               ,
               the
               very
               same
               Parliament
               at
               their
               next
               Session
               did
               8
               o
               Elizabethoe
               ,
               c.
               1.
               
               
                 in
                 terminis
                 terminantibus
              
               declare
               their
               Approbations
               of
               the
               Queens
               dispensing
               with
               
                 disability
                 by
                 those
                 Letters
                 Patents
              
               :
               for
               it
               having
               been
               in
               that
               Statute
               mention'd
               ,
               that
               
                 for
                 the
                 avoiding
                 of
                 all
                 Ambiguities
                 and
                 Questions
                 that
                 might
                 be
                 objected
                 against
                 the
                 lawful
                 Confirmations
                 ,
                 investings
                 and
                 Consecrations
                 of
                 the
                 said
                 Archbishops
                 and
                 Bishops
                 ,
                 her
                 Highness
                 in
                 her
                 Letters
                 Patents
                 under
                 the
                 Great
                 Seal
                 of
              
               England
               ,
               
                 &c.
                 
                   hath
                   used
                   and
                   put
                   in
                   her
                   said
                   Letters
                   Patents
                   divers
                   other
                   general
                   words
                   and
                   Sentences
                   ,
                   whereby
                   her
                   Highness
                   by
                   her
                   Supreme
                   Power
                   and
                   Authority
                   hath
                   DISPENS'D
                   with
                   all
                   Causes
                   or
                   doubts
                   of
                   any
                   Imperfection
                   or
                   DISABILITY
                   that
                   can
                   or
                   may
                   in
                   any
                   wise
                   be
                   objected
                   against
                   the
                   same
                   ,
                
              
               &c.
               it
               follows
               ,
               
                 That
                 all
                 Acts
                 and
                 things
                 heretofore
                 had
                 ,
                 made
                 or
                 done
                 by
                 any
                 Person
                 about
                 any
                 Consecration
                 ,
                 Confirmation
                 or
                 Investing
                 of
                 any
                 Person
                 elected
                 to
                 the
                 Office
                 or
                 Dignity
                 of
                 any
                 Archbishop
                 or
                 Bishop
                 ,
              
               &c.
               
                 by
                 Uirtue
                 of
                 the
                 Queens
                 Majesty's
                 Letters
                 Patents
                 or
                 Commission
                 ,
              
               &c.
               
                 be
                 and
                 shall
                 be
                 by
                 Authority
                 of
                 this
                 present
                 Parliament
                 declared
                 ,
                 judged
                 and
                 deemed
                 at
                 and
                 from
                 every
                 of
                 the
                 several
                 times
                 of
                 the
                 doing
                 thereof
                 good
                 and
                 perfect
                 to
                 all
                 respects
                 and
                 purposes
                 :
                 any
                 matter
                 or
                 thing
                 that
                 can
                 or
                 may
                 be
                 objected
                 to
                 the
                 contrary
                 thereof
                 in
                 any
                 wise
                 notwithstanding
                 .
              
            
             
               Sir
               
                 E.
                 Cook
              
               in
               the
               4th
               part
               of
               his
               Iustitutes
               .
               c.
               74.
               viz.
               
                 Of
                 Ecclesiastical
                 Courts
              
               ,
               takes
               notice
               how
               
                 our
                 adversaries
                 had
                 made
                 objections
                 against
                 our
                 Archbishops
                 and
                 Bishops
                 consecrated
                 about
                 the
                 beginning
                 of
                 the
                 reign
                 of
                 Queen
              
               Eliz.
               and
               consequently
               against
               the
               Bishops
               ever
               since
               :
               
                 That
                 they
                 were
                 never
                 consecrated
                 according
                 to
                 law
                 ,
                 because
                 they
                 had
                 not
                 three
                 Bishops
                 at
                 least
                 at
                 their
                 Consecration
                 ,
                 and
                 never
                 a
                 Bishop
                 at
                 all
                 ,
                 as
                 was
                 pretended
                 ,
                 because
                 they
                 being
                 Bishops
                 in
                 the
                 reign
                 of
              
               Edward
               the
               6th
               
                 were
                 deprived
                 in
                 the
                 reign
                 of
                 Queen
              
               Mary
               ,
               
                 and
                 were
                 not
                 (
                 as
                 was
                 pretended
                 )
                 restored
                 before
                 their
                 presence
                 at
                 the
                 Consecration
                 .
                 These
                 pretences
                 being
                 but
                 Cavils
                 are
                 answer'd
                 by
                 the
                 Statute
                 of
              
               8
               o
               Eliz.
               c.
               1.
               
                 and
                 provision
                 made
                 by
                 authority
                 of
                 that
                 Parliament
                 ,
                 for
                 the
                 establishing
                 of
                 Archbishops
                 and
                 Bishops
                 ,
                 both
                 in
                 proesenti
                 and
                 in
                 futuro
                 in
                 their
                 Bishopricks
                 .
              
            
             
               But
               Mason
               in
               his
               
                 3d
                 Book
              
               c.
               
                 7th
                 .
                 De
                 ministerio
                 Anglicano
              
               ,
               in
               his
               answering
               the
               objection
               ,
               hath
               recourse
               to
               the
               Queens
               Patents
               referr'd
               to
               by
               the
               Statute
               of
               8
               o
               Eliz.
               and
               having
               mention'd
               the
               Queen's
               dispensing
               by
               her
               supreme
               authority
               
                 cum
                 quavis
                 causâ
                 aut
                 suspicione
                 c●…jusvis
                 DEFECTUS
                 ,
                 aut
                 INABILITATIS
                 quoe
                 quovis
                 modo
                 contra
                 eorum
                 consecrationem
                 obtendi
                 poterat
                 ,
              
               he
               saith
               ,
               
                 verba
                 in
                 diplomate
                 Regio
                 sic
                 se
                 habent
                 ,
                 
                   supplentes
                   nihilominus
                   suprema
                   authoritate
                   nostra
                   Regia
                   ex
                   mero
                   motu
                   &
                   certa
                   scientia
                   nostris
                   ,
                   si
                   quid
                   in
                   hiis
                   quae
                   juxta
                   mandatum
                   nostrum
                   per
                   vos
                   fient
                   ,
                   aut
                   in
                   vobis
                   aut
                   vestrum
                   aliquo
                   ,
                   conditione
                   ,
                   statu
                   ,
                   aut
                   facultate
                   vestris
                   ad
                   praemissa
                   perficienda
                   desit
                   ,
                   aut
                   deerit
                   ,
                   eorum
                   quae
                   per
                   statuta
                   hujus
                   Regni
                   ,
                   aut
                   per
                   leges
                   ecclesiasticas
                   in
                   hac
                   parte
                   requiruntur
                   ,
                   aut
                   necessaria
                   sunt
                   ,
                   temporis
                   ratione
                   aut
                   rerum
                   necessitate
                   sic
                   postulante
                   :
                
              
               and
               then
               adds
               ,
               
                 unde
                 serenissima
                 Regina
                 ut
                 omnem
                 calumniandi
                 ansam
                 proecidere
                 ,
                 ipsique
                 invidioeos
                 obstruere
                 posset
                 ,
              
               &c.
               
               
                 DISPENSARE
                 dignata
                 est
                 ,
                 siquid
                 forte
                 Lynceis
                 oculis
                 invidia
                 ,
                 alicujus
                 statuti
                 vel
                 canonis
                 violati
                 proetextu
                 possit
                 obtendere
                 .
              
               And
               then
               having
               brought
               in
               his
               Popish
               opponents
               objection
               ,
               
                 Hem
                 quid
                 audio
                 ?
                 Vos
                 P●…ntificis
                 maximi
                 Dispensationes
                 dente
                 canino
                 soletis
                 arrodere
                 ,
                 &
                 jam
                 nihil
                 pudet
                 in
                 Actis
                 Parliamentariis
                 laicali
                 magistratui
                 ,
                 Reginoe
                 ,
                 foeminoe
                 dispensandi
                 facultatem
                 transcribere
                 ?
                 Dispensandi
                 inquam
                 cum
                 quavis
                 causâ
                 aut
                 suspicione
                 ullius
                 defectus
                 aut
                 INABILITATIS
                 ,
                 quoe
                 incidere
                 poterant
                 ,
                 idque
                 in
                 sacris
                 ordinibus
                 ,
              
               he
               makes
               this
               reply
               ,
               viz.
               
                 Papa
                 aliquando
                 dispensat
                 nimium
                 papaliter
                 ,
                 sed
                 non
                 perinde
                 Elizabetha
                 .
                 Suas
                 tantum
                 leges
                 RELAXAVIT
                 :
                 Cum
                 transgressionibus
              
               
               
                 contra
                 leges
                 suas
                 DISPENSAVIT
                 .
                 Quod
                 Deus
                 fixit
                 nunquam
                 refigere
                 ,
                 aut
                 rescindere
                 est
                 molita
                 .
              
               And
               there
               afterward
               to
               the
               objection
               ;
               
                 si
                 dicatur
                 Reginam
                 sufficientem
                 dispensandi
                 cum
                 illis
                 potestatem
                 habuisse
                 ,
                 proferatur
                 aliquod
                 illius
                 potestatis
                 fundamentum
                 ,
                 ●…i
                 non
                 ex
                 scripturâ
                 sacrâ
                 ,
                 saltem
                 ex
                 Conciliis
                 aut
                 patribus
                 ,
                 aut
                 uno
                 aliquo
                 approbato
                 exemplo
                 ,
                 in
                 toto
                 mille
                 &
                 quingentorum
                 annorum
                 curricu●…o
                 ,
              
               the
               reply
               is
               ,
               
                 Nonne
                 Principis
                 est
                 legum
                 suarum
                 r●…gorem
                 res
                 ubi
                 postulat
                 emollire
                 ?
                 Non
                 magno
                 opinor
                 opus
                 est
                 m●…limine
                 ad
                 hoc
                 probandum
                 :
              
               and
               as
               to
               what
               was
               objected
               against
               a
               Prince's
               dispensing
               with
               an
               ecclesiastical
               Canon
               ,
               he
               saith
               ,
               
                 Canonum
                 (
                 quatenus
                 sunt
                 leges
                 Principis
                 ecclesiasticoe
                 )
                 summum
                 jus
                 ,
                 rigorem
                 ,
                 &
                 duritiem
                 moderari
                 spectat
                 ad
                 officium
                 principis
                 .
              
               And
               then
               he
               judiciously
               confutes
               Sanders
               his
               reproaching
               our
               Bishops
               in
               his
               book
               of
               Schism
               ,
               with
               the
               term
               of
               
                 Parliamentarii
                 episcopi
              
               ,
               and
               he
               referrs
               to
               the
               words
               in
               the
               Statute
               of
               8
               o
               Eliz.
               that
               I
               have
               mention'd
               to
               you
               ,
               and
               saith
               of
               them
               ,
               
                 Omnino
                 liquido
                 ostendunt
                 Comitia
                 Parliamentaria
                 non
                 consecrasse
                 ,
                 ordinasse
                 ,
                 vel
                 constituisse
                 episcopos
                 aut
                 ministros
                 ,
                 sed
                 jam
                 secundum
                 leges
                 ecclesioe
                 LEGITIME
                 Consecra●…os
                 ,
                 &
                 ritè
                 ordinatos
                 ,
                 ac
                 Constitutos
                 ,
                 pro
                 talibus
                 habendos
                 esse
                 DECLARASSE
                 ,
              
               &c.
               
            
             
               And
               so
               I
               doubt
               not
               but
               you
               mind
               the
               words
               in
               that
               Act
               relating
               to
               the
               Queen's
               
                 Letters
                 Patents
              
               ,
               viz.
               
                 shall
                 be
                 by
                 authority
                 of
                 the
                 Parliament
              
               (
               not
               made
               good
               ,
               for
               they
               were
               so
               before
               ,
               but
               )
               
                 declared
                 ,
                 judged
                 and
                 deem'd
                 good
                 .
              
            
          
           
             
               A.
               
            
             
               I
               apprehend
               you
               .
            
          
           
             
               B.
               
            
             
               But
               to
               return
               to
               the
               Consideration
               of
               what
               you
               are
               on
               the
               whole
               matter
               obliged
               to
               by
               virtue
               of
               the
               Oath
               of
               Supremacy
               in
               the
               Case
               now
               before
               you
               :
               and
               herein
               I
               find
               that
               by
               Virtue
               of
               the
               Queens
               interpretation
               of
               that
               Oath
               ,
               and
               the
               Parliaments
               Approbation
               thereof
               ,
               that
               when
               in
               the
               Assertory
               part
               of
               the
               Oath
               
                 you
                 do
                 utterly
                 testify
                 and
                 declare
                 in
                 your
                 Conscience
                 that
                 the
                 King's
                 Highness
                 is
                 the
                 only
                 Supreme
                 Governor
                 of
                 this
                 Realm
                 as
                 well
                 in
                 all
                 Spiritual
                 or
                 Ecclesiastical
                 things
                 or
                 Causes
                 as
                 Temporal
                 ,
              
               you
               have
               as
               in
               the
               Presence
               of
               God
               solemnly
               given
               your
               cordial
               Assent
               to
               ,
               and
               made
               your
               most
               Religious
               acknowledgment
               that
               the
               
                 SOLE
                 Supreme
                 Government
                 or
                 Soveraignty
              
               and
               Rule
               under
               God
               over
               all
               manner
               of
               Persons
               born
               within
               these
               Realms
               ,
               is
               in
               the
               King
               ;
               and
               you
               are
               obliged
               to
               judge
               that
               tho
               the
               Oath
               speaks
               of
               
                 all
                 Spiritual
                 or
                 Ecclesiastical
                 THINGS
                 or
                 Causes
                 ,
              
               and
               the
               interpretation
               of
               all
               manner
               of
               Persons
               of
               what
               Estate
               either
               Ecclesiastical
               or
               Temporal
               soever
               they
               be
               ,
               yet
               there
               is
               no
               inconsistence
               between
               the
               Oath
               and
               the
               Interpretation
               ,
               for
               that
               as
               a
               Learned
               man
               in
               his
               Comment
               on
               that
               Oath
               hath
               well
               observ'd
               ,
               
                 there
                 is
                 no
                 Opposition
                 between
                 these
                 two
                 ,
                 Persons
                 and
                 Causes
                 ;
                 the
                 Principal
                 object
                 of
                 a
                 Law
                 is
                 a
                 Person
                 ,
                 and
                 a
                 Person
                 with
                 respect
                 to
                 his
                 Actions
                 ,
                 a
                 Person
                 morally
                 Consider'd
              
               ;
               and
               he
               there
               quotes
               
                 Suarez
                 de
                 Legibus
              
               ,
               l.
               1.
               c.
               8.
               saying
               ,
               
                 Ad
                 leges
                 per
                 se
                 requiritur
                 potestas
                 in
                 personam
                 ,
                 secundario
                 in
                 Res
                 alias
                 :
              
               and
               for
               that
               the
               Assertory
               clause
               in
               the
               Oath
               declaring
               the
               King
               the
               only
               Supreme
               Governor
               of
               this
               Realm
               ,
               doth
               necessarily
               imply
               his
               being
               the
               only
               Supreme
               Governor
               of
               all
               Persons
               in
               it
               .
            
          
           
             
               A.
               
            
             
               But
               perhaps
               you
               did
               not
               take
               notice
               that
               probably
               one
               reason
               why
               Queen
               Elizabeth
               was
               willing
               that
               her
               Interpretation
               that
               related
               to
               the
               Assertory
               part
               of
               the
               Oath
               ,
               I
               mean
               as
               to
               her
               Power
               over
               all
               the
               Persons
               of
               her
               Subjects
               ,
               and
               which
               was
               Publish'd
               in
               the
               Admonition
               after
               her
               Injunctions
               ,
               should
               in
               the
               aforesaid
               Act
               in
               the
               5th
               year
               of
               her
               Reign
               be
               approved
               in
               Parliament
               ,
               might
               be
               to
               satisfie
               the
               scrupulousness
               of
               some
               mens
               Tender
               Consciences
               ,
               and
               who
               might
               thereby
               think
               that
               according
               to
               the
               Rule
               of
               
                 ejus
                 est
                 interpretari
                 cujus
                 est
                 condere
                 ,
              
               that
               the
               Oath
               of
               Supremacy
               enjoyn'd
               by
               Parliament
               1
               o
               Elizabethoe
               could
               not
               receive
               an
               Interpretation
               but
               from
               
               the
               Queen
               in
               Parliament
               ,
               and
               that
               that
               Consideration
               might
               therefore
               be
               supposed
               to
               be
               the
               cause
               of
               the
               Queens
               interpreting
               ,
               being
               approved
               or
               declared
               good
               by
               the
               Parliament
               in
               the
               Fifth
               year
               of
               her
               Reign
               .
            
          
           
             
               B.
               
            
             
               I
               shall
               tell
               you
               that
               as
               to
               the
               sufficiency
               of
               the
               Queen's
               Power
               to
               interpret
               the
               Oath
               by
               her
               sole
               Authority
               ,
               it
               appears
               not
               that
               the
               Proviso
               in
               the
               Statute
               of
               5
               Eliz.
               did
               in
               the
               least
               arise
               from
               any
               such
               scruple
               ,
               and
               so
               
                 De
                 non
                 apparentibus
              
               ,
               &c.
               
               And
               here
               without
               troubling
               you
               with
               the
               Notions
               of
               the
               Royal
               assent
               creating
               the
               Soul
               of
               the
               Law
               ,
               and
               by
               the
               words
               of
               
                 le
                 Roy
                 le
                 veult
                 ▪
              
               after
               the
               Body
               of
               it
               hath
               been
               prepared
               by
               the
               three
               Estates
               and
               that
               the
               three
               Estates
               have
               nothing
               to
               do
               to
               interpret
               a
               Law
               that
               is
               once
               made
               ,
               and
               accordingly
               as
               Sir
               
                 C.
                 Hatton
              
               ,
               formerly
               
                 Lord
                 Chancellor
              
               of
               England
               ,
               in
               his
               
                 Treatise
                 of
                 Acts
                 of
                 Parliament
                 and
                 their
                 Exposition
                 ,
              
               tells
               us
               ,
               That
               
                 the
                 Assembly
                 of
                 Parliament
                 being
                 ended
                 ,
                 functi
                 sunt
                 officio
                 ,
              
               and
               speaking
               particularly
               of
               those
               of
               the
               
                 Lower
                 House
              
               ,
               saith
               
                 their
                 Authority
                 is
                 return'd
                 to
                 the
                 Electors
                 so
                 clearly
                 ,
                 that
                 if
                 they
                 were
                 all
                 together
                 assembled
                 again
                 for
                 interpretation
                 by
                 a
                 voluntary
                 meeting
                 ,
              
               eorum
               non
               esset
               interpretari
               ,
               &c.
               
               I
               shall
               once
               for
               all
               observe
               to
               you
               ,
               that
               our
               Monarchs
               when
               in
               the
               exercise
               of
               the
               Prerogative
               inherent
               in
               them
               ,
               and
               inseparable
               from
               them
               ,
               relating
               to
               Matters
               of
               Peace
               and
               War
               ,
               the
               Coining
               of
               Money
               ,
               or
               the
               Dispensing
               in
               Matters
               Civil
               or
               Ecclesiastical
               ,
               they
               condescend
               to
               have
               the
               same
               in
               particular
               ●…ases
               approved
               or
               strength●…n'd
               by
               Parliament
               ,
               are
               no
               more
               deprived
               of
               their
               Sole
               Supremacy
               therein
               ,
               then
               the
               Body
               of
               the
               Sun
               is
               devested
               of
               its
               Heat
               and
               Light
               by
               diffusing
               the
               same
               through
               the
               Air.
               
            
             
               But
               I
               have
               before
               observ'd
               to
               you
               ,
               that
               the
               apparent
               Cause
               in
               the
               Proviso
               of
               5
               o
               Elizabethoe
               ,
               whereby
               the
               Queens
               Interpretation
               is
               Enacted
               ,
               is
               the
               better
               to
               transmit
               the
               obligatoriness
               of
               the
               Interpretation
               in
               point
               of
               Conscience
               beyond
               her
               Life
               ,
               and
               to
               the
               Reigns
               of
               her
               Heirs
               and
               Successors
               ,
               and
               to
               bind
               us
               who
               live
               now
               to
               acknowledge
               such
               Power
               due
               to
               our
               present
               King
               over
               the
               Persons
               of
               all
               his
               Subjects
               ,
               as
               was
               in
               her
               interpretation
               challenged
               to
               be
               due
               to
               Harry
               the
               Eighth
               and
               Edward
               the
               Sixth
               .
            
             
               I
               shall
               not
               trouble
               you
               with
               my
               Judgment
               about
               Moot-points
               of
               Law
               relating
               to
               the
               Regal
               Power
               of
               interpreting
               Acts
               of
               Parliament
               ,
               and
               particularly
               such
               wherein
               Oaths
               are
               founded
               .
               My
               Lord
               Coke
               ,
               Inst.
               3.
               c.
               74.
               tells
               us
               ,
               
                 That
                 an
                 Oath
                 cannot
                 be
                 ministred
                 to
                 any
                 ,
                 unless
                 the
                 same
                 be
                 allow'd
                 by
                 the
                 Common
                 Law
                 ,
                 or
                 by
                 some
                 Act
                 of
                 Parliament
                 :
                 neither
                 can
                 any
                 Oath
                 allow'd
                 by
                 the
                 Common-Law
                 ,
                 or
                 by
                 Act
                 of
                 Parliament
                 ,
                 be
                 alter'd
                 but
                 by
                 Act
                 of
                 Parliament
                 :
              
               and
               saith
               in
               the
               Margin
               ,
               
                 So
                 resolv'd
              
               ,
               An.
               26.
               
               El.
               
                 in
                 the
                 Case
                 of
                 the
                 Under-Sheriff
                 .
              
               And
               then
               saith
               
                 the
                 Oath
                 of
                 the
                 King
                 's
                 Privy
                 Councel
                 ,
                 the
                 Iustices
                 ,
                 the
                 Sheriffs
                 ,
              
               &c.
               
                 was
                 thought
                 fit
                 to
                 be
                 alter'd
                 and
                 enlarged
                 ,
                 but
                 that
                 was
                 done
                 by
                 Authority
                 of
                 Parliament
                 .
                 For
                 further
                 proof
                 whereof
                 see
                 the
                 Statutes
                 here
                 quoted
              
               (
               i.
               e.
               those
               referr'd
               to
               in
               his
               Margin
               )
               
                 and
                 it
                 shall
                 evidently
                 appear
                 that
                 no
                 old
                 Oath
                 can
                 be
                 alter'd
                 or
                 new
                 Oath
                 rais'd
                 without
                 an
                 Act
                 of
                 Parliament
                 .
              
            
             
               I
               have
               only
               here
               referr'd
               you
               to
               Matters
               of
               Fact
               in
               the
               Reign
               of
               Queen
               Elizabeth
               ,
               a
               Reign
               that
               the
               Royal
               Martyr
               in
               p.
               3.
               of
               his
               
                 Declaration
                 to
                 all
                 his
                 Loving
                 Subjects
              
               of
               Aug.
               12.
               1642.
               refers
               to
               with
               so
               much
               honour
               by
               saying
               ,
               
                 We
                 declared
                 our
                 Resolution
              
               ,
               &c.
               
                 and
                 desired
                 that
                 whatsoever
                 mistaking
                 had
                 grown
                 in
                 the
                 Government
                 either
                 of
                 Church
                 or
                 State
                 might
                 be
                 removed
                 ,
                 and
                 all
                 things
                 reduced
                 to
                 the
                 order
                 of
                 the
                 time
                 (
                 the
                 memory
                 whereof
                 is
                 justly
                 precious
                 to
                 this
                 Nation
                 )
                 of
                 Queen
              
               Elizabeth
               ,
               &c.
               and
               do
               leave
               it
               to
               you
               to
               consider
               how
               Great
               the
               Power
               of
               Interpretation
               of
               Laws
               is
               in
               it self
               ;
               a
               Power
               almost
               infinitely
               greater
               then
               the
               discharging
               either
               the
               Obligations
               of
               some
               Penal
               Laws
               or
               their
               Penalties
               
                 Pro
                 hic
                 &
                 nu
                 c
              
               ,
               and
               as
               to
               some
               particular
               Persons
               ,
               as
               any
               one
               will
               grant
               who
               hath
               seen
               the
               extent
               of
               
               the
               Power
               of
               interpreting
               in
               the
               Canon
               Law
               ,
               where
               the
               
                 Glossa
                 ad
                 Cap.
                 Statuimus
              
               4.
               
               Distinct.
               4.
               gives
               us
               this
               Interpretation
               of
               
                 Statuimus
                 :
                 STATUIMUS
              
               (
               i.
               e.
               )
               ABROGAMUS
               .
               And
               I
               can
               for
               this
               purpose
               t●…ll
               you
               ,
               that
               Bartol●…s
               in
               his
               
                 Tractatus
                 testimoniorum
              
               speaking
               of
               the
               Imperial
               Power
               
                 concedendi
                 veniam
                 oetatis
              
               ,
               saith
               
                 Carolus
                 quar●…us
                 sanctissimus
                 &
                 nebilissimus
                 Imperator
                 inter
                 〈◊〉
                 mult●…
                 concessit
                 ,
                 ut
                 ego
                 meique
                 descendentes
                 quos
                 legibús
                 d●…los
                 esse
                 contigerit
                 ,
                 per
                 un
                 versum
                 imperium
                 oetatis
                 ven●…am
                 concedere
                 vale●…mus
                 ,
                 servatā
                 formā
                 quoe
                 legibus
                 reperitur
                 ins●…rta
              
               ;
               and
               whereby
               you
               see
               that
               a
               Power
               of
               dispensing
               with
               incapaci●…y
               ,
               was
               by
               the
               Prince
               given
               as
               an
               inheritance
               .
               But
               none
               can
               imagine
               that
               the
               Power
               of
               interpreting
               Laws
               can
               be
               so
               conferr'd
               :
               So
               that
               therefore
               according
               to
               the
               Rule
               of
               Law
               ,
               
                 Non
                 debet
                 cui
                 plus
                 licet
                 ,
                 quōd
                 minus
                 est
                 non
                 licere
                 ,
              
               you
               ne●…d
               not
               w●…nder
               at
               the
               Prince's
               dispensing
               with
               incapacity
               in
               particular
               cases
               ,
               whom
               you
               have
               seen
               interpreting
               Laws
               .
               And
               you
               may
               consider
               that
               if
               the
               Queen
               did
               contrary
               to
               the
               measures
               of
               Law
               referr'd
               to
               in
               my
               Lord
               Coke
               ,
               by
               her
               sole
               Supream
               Ecclesiastical
               Authority
               ,
               seem
               to
               alter
               the
               interpretation
               of
               a
               
                 Stature
                 Oath
              
               for
               the
               better
               ,
               what
               she
               did
               found
               afterward
               its
               approbation
               in
               Parliament
               :
               and
               in
               fine
               ;
               I
               leave
               it
               to
               you
               to
               consider
               how
               much
               the
               Power
               of
               dispensing
               with
               any
               Law
               may
               be
               thought
               Coincident
               with
               interpreting
               ,
               since
               as
               I
               shall
               some
               other
               time
               shew
               you
               at
               large
               that
               the
               dispensing
               with
               Laws
               ,
               is
               in
               effect
               the
               equitable
               interpreting
               that
               in
               such
               and
               such
               cases
               and
               circumstances
               they
               were
               not
               intended
               ,
               and
               ought
               not
               to
               bind
               ,
               but
               ought
               to
               be
               relax'd
               .
            
             
               And
               now
               I
               must
               take
               the
               occasion
               offer'd
               me
               to
               give
               you
               a
               prospect
               of
               the
               Queens
               Dispensative
               Power
               ,
               both
               of
               the
               Interpretation
               of
               this
               Oath
               ,
               and
               of
               the
               acquittal
               from
               Disabilities
               that
               is
               not
               bounded
               by
               the
               Statutes
               of
               5
               o
               or
               8
               o
               Elizabethoe
               beforemention'd
               ,
               and
               wherein
               she
               again
               stood
               on
               the
               single
               basis
               of
               her
               own
               Supreme
               Authority
               Ecclesiastical
               ,
               without
               having
               recourse
               then
               to
               a
               Parliaments
               approbation
               .
               Mr.
               Ney
               in
               his
               learned
               Observations
               on
               the
               Oath
               of
               
                 S●…premacy
                 ▪
              
               having
               spoke
               of
               the
               Queens
               Interpretation
               of
               the
               Oath
               in
               her
               Admonition
               ,
               and
               of
               the
               Parliamentary
               Proviso
               5
               o
               Eliz.
               doth
               thus
               go
               on
               ,
               
                 There
                 is
                 something
                 of
                 Explication
                 further
              
               (
               meaning
               of
               the
               Oath
               )
               
                 in
                 the
                 Arti●…les
                 of
                 Religion
                 concluded
                 in
                 the
                 year
              
               1562
               ,
               
                 and
                 then
                 recites
                 the
                 37th
                 Article
                 as
                 followeth
                 ,
              
               viz.
               
                 The
                 Queens
                 Majesty
                 hath
                 the
                 Chief
                 Power
                 in
                 this
                 Realm
                 of
              
               England
               ,
               
                 and
                 other
                 her
                 Dominions
                 ,
                 unto
                 whom
                 the
                 Chief
                 Government
                 of
                 〈◊〉
                 Estates
                 of
                 this
                 Realm
                 ,
                 whether
                 they
                 be
                 Ecclesiastical
                 or
                 Civil
                 in
                 all
                 Causes
                 doth
                 appertain
                 ,
                 and
                 is
                 not
                 nor
                 ought
                 to
                 be
                 subject
                 to
                 any
                 foreign
                 Iurisdiction
                 .
                 Where
                 we
                 attribute
                 to
                 her
                 Majesty
                 the
                 Chief
                 Government
                 ,
                 by
                 which
                 Title
                 we
                 understand
                 the
                 minds
                 of
                 some
                 slanderous
                 Folks
                 to
                 be
                 offended
                 ,
                 we
                 give
                 not
                 to
                 our
                 Princes
                 the
                 ministring
                 either
                 of
                 Gods
                 Word
                 ,
                 or
                 of
                 the
                 Sacraments
                 ,
                 the
                 which
                 thing
                 the
                 Injunctions
                 also
                 lately
                 set
                 forth
                 by
              
               Elizabeth
               
                 our
                 Queen
                 do
                 most
                 plainly
                 testify
                 ,
                 but
                 that
                 only
                 Prerogative
                 which
                 we
                 see
                 to
                 have
                 been
                 given
                 always
                 to
                 all
                 Godly
                 Princes
                 in
                 holy
                 Scriptures
                 by
                 God
                 himself
                 ,
                 that
                 is
                 ,
                 that
                 they
                 should
                 rule
                 all
                 Estates
                 and
                 Degrees
                 committed
                 to
                 their
                 charge
                 by
                 God
                 ,
                 whether
                 they
                 be
                 Ecclesiastical
                 or
                 Temporal
                 ,
                 and
                 restrain
                 with
                 the
                 Civil
                 Sword
                 the
                 stubborn
                 and
                 evil
                 doers
                 .
              
            
             
               
                 The
                 Bishop
                 of
              
               Rome
               
                 hath
                 no
                 jurisdiction
                 in
                 the
                 Realm
                 of
              
               England
               .
            
             
               
                 The
                 Laws
                 of
                 the
                 Realm
                 may
                 punish
                 Christian
                 Men
                 with
                 death
                 ,
                 for
                 h●…inous
                 and
                 grievous
                 Offences
                 .
              
            
             
               
                 It
                 is
                 lawful
                 for
                 Christian
                 Men
                 at
                 the
                 Commandment
                 of
                 the
                 Magistrate
                 to
                 wear
                 Weapons
                 ,
                 and
                 serve
                 in
                 the
                 Wars
                 .
              
            
             
               Now
               after
               the
               Oath
               of
               Supremacy
               had
               been
               enjoyn'd
               in
               the
               first
               year
               of
               her
               Reign
               ,
               and
               the
               Admonition
               annexed
               to
               her
               Injunctions
               was
               then
               likewise
               
               publish'd
               ,
               viz.
               A.
               D.
               1559.
               and
               after
               the
               Parliament
               had
               by
               proviso
               〈◊〉
               the
               interpretation
               of
               the
               Oath
               ,
               (
               which
               Parliament
               began
               the
               12th
               of
               Ianuary
               in
               the
               
                 5th
                 year
              
               of
               her
               reign
               ,
               and
               from
               which
               day
               all
               things
               d●…ne
               in
               that
               Session
               are
               to
               bear
               date
               )
               the
               Articles
               of
               Religion
               agreed
               on
               by
               the
               Archbishops
               and
               Bishops
               of
               both
               Provinces
               ,
               and
               the
               whole
               Clergy
               in
               the
               Convocation
               holden
               at
               London
               in
               the
               
                 5th
                 year
              
               of
               her
               reign
               ,
               and
               A.
               D.
               1562.
               were
               by
               the
               Archbishops
               and
               Bishops
               of
               both
               Provinces
               subscribed
               the
               29th
               of
               Ianuary
               in
               that
               year
               ,
               and
               by
               the
               Clergy
               of
               the
               lower
               House
               of
               Convocation
               on
               the
               5th
               of
               February
               following
               ,
               and
               to
               all
               which
               the
               Queen
               gave
               her
               Royal
               Assent
               .
               And
               in
               the
               Articles
               there
               was
               by
               the
               Queens
               Royal
               Prerogative
               an
               additional
               Interpretation
               probably
               at
               the
               instance
               of
               the
               Clergy
               given
               to
               the
               interpretation
               ,
               in
               the
               
                 Admonition
                 ▪
              
               and
               in
               the
               Parliaments
               Proviso
               :
               and
               the
               which
               additional
               interpretation
               had
               in
               it
               no
               respect
               to
               ,
               nor
               mention
               of
               what
               ,
               being
               in
               several
               places
               of
               the
               former
               one
               ,
               might
               amuse
               the
               Clergy
               with
               some
               Fears
               and
               Iealousies
               ,
               namely
               the
               
                 Duty
                 ,
                 Allegiance
                 and
                 Bond
                 that
                 were
                 acknowledged
                 due
                 to
              
               Harry
               the
               8th
               and
               Edward
               the
               6th
               ,
               
                 and
                 the
                 Authority
                 that
                 was
                 challenged
                 and
                 lately
                 used
                 by
                 those
                 Princes
              
               ;
               however
               yet
               that
               latter
               Clause
               is
               qualify'd
               in
               the
               Admonition
               .
               But
               for
               the
               
                 37th
                 Article
              
               before-mentioned
               allowing
               the
               measures
               of
               the
               Royal
               Supremacy
               from
               the
               
                 Prerogatives
                 
                   given
                   by
                   God
                   in
                   Scripture
                   to
                   holy
                   Princes
                   ,
                
              
               whereby
               our
               Clergy
               might
               seem
               to
               have
               brought
               the
               Prerogative
               into
               its
               own
               proper
               Element
               ,
               and
               theirs
               too
               (
               the
               knowledge
               of
               the
               Scriptures
               being
               their
               profession
               )
               our
               Clergy
               no
               doubt
               were
               always
               thankful
               to
               the
               Crowns
               Dispensative
               power
               ,
               and
               so
               exercised
               out
               of
               Parliament
               :
               and
               whereby
               they
               were
               secured
               from
               penal
               disabilities
               either
               by
               suspension
               or
               deprivation
               for
               not
               taking
               the
               Oath
               in
               the
               sense
               of
               the
               Admonition
               .
            
             
               Thus
               as
               things
               in
               their
               proper
               place
               are
               at
               rest
               ,
               the
               Queens
               Dispensative
               power
               and
               the
               Consciences
               of
               the
               Clergy
               by
               this
               interpretation
               of
               the
               Oath
               were
               so
               much
               at
               rest
               ,
               that
               about
               eight
               or
               nine
               years
               afterward
               the
               same
               39
               Articles
               that
               had
               been
               by
               the
               Archbishops
               and
               Bishops
               and
               Clergy
               of
               both
               Provinces
               agreed
               on
               in
               the
               year
               1562.
               were
               by
               the
               said
               
                 Archbishops
                 ,
                 Bishops
              
               and
               Clergy
               again
               agreed
               upon
               ,
               and
               again
               ratify'd
               by
               the
               Queen
               in
               the
               year
               1571.
               the
               
                 13th
                 year
              
               of
               her
               reign
               ,
               and
               when
               care
               was
               taken
               by
               the
               Government
               that
               that
               interpretation
               being
               incorporated
               in
               the
               body
               of
               the
               39
               Articles
               should
               be
               
                 deem'd
                 good
              
               in
               Parliament
               by
               the
               Statute
               of
               13
               o
               
                 Eliz.
                 c.
              
               12.
               as
               the
               other
               interpretation
               in
               the
               Admonition
               had
               been
               by
               the
               proviso
               in
               the
               Act
               of
               the
               5th
               of
               that
               Queen
               ,
               and
               probably
               for
               the
               same
               reason
               :
               and
               as
               her
               dispensing
               with
               disability
               expresly
               in
               the
               8th
               year
               of
               her
               reign
               was
               .
            
             
               In
               the
               Act
               of
               the
               13th
               of
               Eliz.
               reference
               was
               made
               to
               those
               Articles
               as
               agreed
               on
               by
               the
               Archbishops
               and
               Clergy
               and
               set
               forth
               by
               the
               Queens
               authority
               Anno
               1562.
               and
               the
               Act
               is
               entituled
               ,
               
                 Reformation
                 of
                 Disorders
                 in
                 the
                 Ministers
                 of
                 the
                 Church
                 ,
              
               and
               in
               which
               it
               was
               enacted
               ,
               That
               
                 all
                 such
                 as
                 were
                 to
                 be
                 ordained
                 or
                 permitted
                 to
                 preach
                 or
                 to
                 be
                 instituted
                 into
                 any
                 Benefice
                 with
                 cure
                 of
                 Souls
                 ,
                 should
                 publickly
                 subscribe
                 to
                 the
                 said
                 Articles
              
               ;
               which
               shews
               (
               if
               you
               mind
               it
               )
               that
               tho
               the
               Parliament
               did
               well
               allow
               and
               approve
               of
               the
               said
               Articles
               ,
               yet
               the
               said
               Book
               oweth
               neither
               Conf●…rmation
               ,
               nor
               Authority
               to
               the
               Act
               of
               Parliament
               .
               And
               that
               Act
               concerning
               only
               Clergy-men
               ,
               tho
               the
               interpretation
               in
               the
               
                 37th
                 Article
              
               is
               left
               to
               oblige
               the
               Clergy
               ,
               yet
               that
               in
               the
               Admonition
               might
               concern
               you
               to
               stick
               to
               ,
               if
               nothing
               had
               since
               happen'd
               whereby
               the
               dispensative
               power
               inherent
               in
               the
               Crown
               ,
               may
               have
               given
               your
               Conscience
               the
               benefit
               of
               the
               interpretation
               thus
               afforded
               to
               the
               Clergy
               .
            
             
             
               But
               therefore
               I
               shall
               here
               tell
               you
               ,
               that
               the
               Canons
               of
               King
               Iames
               the
               ●…st
               .
               Anno
               1603
               ▪
               being
               
                 confirmed
                 for
                 him
                 and
                 his
                 Heirs
                 and
                 Successors
              
               are
               binding
               now
               ,
               however
               it
               hath
               been
               objected
               as
               the
               unhappiness
               of
               Queen
               
                 Elizabeths
                 Canon●…
              
               ,
               viz.
               A.
               1571.
               
               A.
               1584.
               
               A.
               1597.
               wanting
               those
               formal
               words
               of
               
                 Heirs
                 and
                 Successors
              
               ,
               to
               expire
               with
               her
               .
               And
               as
               those
               words
               are
               in
               King
               
               Iames's
               Canons
               so
               are
               the
               words
               of
               enjoyning
               
                 their
                 being
                 observ'd
                 ,
                 fu●…fill'd
                 and
                 kept
                 not
                 only
                 by
                 the
                 Clergy
                 ,
                 but
                 by
                 all
                 other
                 Persons
                 within
                 this
                 Realm
                 as
                 far
                 as
                 lawfully
                 ,
                 being
                 Members
                 of
                 the
                 Church
                 it
                 may
                 concern
                 them
                 :
              
               and
               tho
               in
               the
               first
               Canon
               there
               entituled
               ,
               
                 The
                 King's
                 Supremacy
                 over
                 the
                 Church
                 of
              
               England
               
                 in
                 Causes
                 Ecclesiastical
                 to
                 be
                 maintain'd
                 ,
              
               't
               is
               order'd
               ,
               That
               
                 all
                 Ecclesiastical
                 Persons
                 shall
                 keep
                 and
                 observe
                 ,
                 and
                 as
                 much
                 as
                 in
                 them
                 lyeth
                 ,
                 all
                 and
                 singular
                 Laws
                 and
                 Statutes
                 made
                 for
                 the
                 restoring
                 to
                 the
                 Crown
                 of
                 this
                 Kingdom
                 ,
                 its
                 ancient
                 Iurisdiction
                 over
                 the
                 state
                 Eccl●…siastical
                 ,
              
               yet
               in
               the
               next
               Canon
               entitled
               ,
               
                 Impugners
                 of
                 the
                 King's
                 Supremacy
                 censur●…d
                 ,
              
               the
               measures
               of
               the
               King
               's
               ecclesiastical
               Authority
               being
               taken
               from
               the
               
                 Godly
                 Kings
                 among
                 the
                 Iews
              
               according
               to
               the
               37th
               of
               the
               39
               Articles
               ,
               was
               an
               extending
               to
               the
               Layety
               the
               
                 ben
                 fit
              
               of
               the
               Interpretation
               obtain'd
               by
               the
               Clergy
               ,
               the
               which
               was
               in
               effect
               a
               judgment
               of
               the
               Convocations
               ,
               that
               the
               pursuance
               of
               that
               Interpretation
               of
               the
               King
               's
               Ecclesiastical
               Power
               ,
               and
               the
               avoiding
               of
               the
               punishment
               of
               Disability
               by
               the
               use
               of
               that
               Power
               ,
               was
               not
               aga●…st
               the
               Law
               of
               the
               Land
               :
               but
               the
               
                 5th
                 Canon
              
               ,
               viz.
               
                 Impugners
                 of
                 the
                 Arti●…les
                 of
                 Religion
                 establish'd
                 in
                 the
                 Church
                 of
              
               England
               censured
               ,
               and
               in
               which
               the
               establishment
               of
               the
               39
               Articles
               is
               solely
               referr'd
               to
               them
               ,
               as
               agreed
               on
               in
               Convocation
               in
               the
               year
               1562.
               without
               any
               notice
               of
               the
               Parliament
               of
               the
               13th
               of
               Eliz.
               having
               done
               any
               thing
               about
               them
               ,
               doth
               more
               clearly
               secure
               to
               you
               the
               benefit
               of
               the
               Interpretation
               the
               Clergy
               had
               .
            
          
           
             
               A.
               
            
             
               You
               have
               mention'd
               so
               many
               things
               to
               me
               relating
               to
               the
               interpretation
               of
               the
               Oath
               of
               Supremacy
               which
               I
               never
               knew
               before
               ,
               that
               may
               seem
               to
               perplex
               the
               Conscience
               of
               any
               one
               who
               would
               take
               it
               ,
               and
               to
               expose
               it
               to
               such
               a
               kind
               of
               Ordeale-Purgation
               
                 per
                 ferrum
                 candens
              
               ,
               that
               may
               make
               the
               passage
               through
               it
               dangerous
               to
               Ones
               Conscience
               .
            
          
           
             
               B.
               
            
             
               Look
               you
               to
               that
               who
               have
               taken
               the
               Oath
               ,
               and
               do
               you
               consider
               how
               far
               you
               are
               by
               the
               Interpretations
               that
               I
               have
               referr'd
               you
               to
               ,
               obliged
               to
               take
               your
               measures
               in
               the
               Matter
               that
               lies
               now
               before
               you
               ,
               as
               to
               your
               assisting
               and
               defending
               the
               Prerogative
               of
               the
               Dispensative
               Power
               :
               and
               I
               likewise
               recommend
               it
               to
               you
               to
               observe
               how
               much
               to
               the
               satisfaction
               and
               ease
               of
               the
               minds
               of
               the
               generality
               His
               Majesty's
               Lay-Subjects
               ,
               he
               by
               Connivence
               hath
               dispens'd
               with
               their
               not
               troubling
               themselves
               to
               study
               the
               
                 Duty
                 ,
                 Bond
              
               ,
               or
               Allegian●…e
               that
               was
               acknowledged
               to
               be
               
                 due
                 to
                 Henry
              
               the
               8th
               ,
               or
               Edward
               the
               6th
               ,
               or
               the
               
                 Prerogative
                 given
                 by
                 God
                 to
                 Godly
                 Princes
                 in
                 the
                 Scripture
                 ,
                 or
                 the
                 Christian
                 Emperors
              
               in
               the
               Primitive
               times
               :
               for
               however
               our
               Divines
               are
               by
               the
               39
               Articles
               and
               the
               Canons
               of
               King
               Iames
               ,
               and
               King
               Charles
               the
               First
               particularly
               obliged
               to
               study
               these
               Points
               ,
               and
               that
               the
               knowledge
               of
               the
               same
               may
               oblige
               Men
               of
               learning
               and
               leisure
               among
               the
               Layety
               to
               Conduct
               their
               Consciences
               thereby
               in
               their
               observance
               of
               this
               Oath
               ,
               yet
               His
               Majesty
               's
               not
               reviving
               among
               all
               his
               Subjects
               by
               any
               Proclamation
               or
               Ecclesiastical
               Injunction
               or
               otherwise
               ,
               the
               notices
               of
               these
               forgotten
               things
               ,
               cannot
               but
               be
               acceptable
               to
               the
               generality
               of
               them
               as
               a
               Dispensation
               by
               Connivence
               .
               And
               therefore
               in
               Complaisance
               with
               ,
               and
               gratitude
               to
               him
               ,
               they
               are
               by
               the
               Law
               of
               Nature
               bound
               to
               give
               him
               what
               is
               plainly
               his
               Due
               ,
               according
               to
               the
               plain
               Oath
               tender'd
               to
               and
               taken
               by
               them
               ,
               and
               to
               take
               care
               that
               they
               do
               not
               exercise
               an
               Illegal
               Power
               of
               dispensing
               by
               way
               of
               Interpretation
               of
               that
               Oath
               to
               the
               Subversion
               of
               the
               sense
               of
               the
               Assertory
               and
               Promissory
               parts
               of
               it
               ;
               both
               which
               are
               the
               Supporters
               of
               the
               Royal
               Dispensative
               Power
               .
            
             
             
               But
               reserving
               for
               some
               other
               time
               my
               thoughts
               relating
               to
               the
               Dispensative
               Power
               exercised
               by
               the
               Godly
               Princes
               in
               Holy
               Scripture
               ,
               and
               by
               the
               Christian
               Emperors
               ,
               I
               shall
               desire
               you
               now
               to
               look
               on
               your
               Oath
               in
               the
               plain
               natural
               sense
               of
               it
               ,
               and
               as
               much
               as
               if
               no
               authoritative
               one
               had
               ever
               been
               given
               of
               it
               .
               Consider
               ,
               that
               when
               you
               declare
               the
               King
               is
               the
               only
               Supreme
               Governor
               of
               this
               Realm
               ,
               or
               Governor
               of
               all
               Persons
               in
               it
               ,
               no
               Humane
               Laws
               can
               bind
               our
               Consciences
               by
               any
               disability
               Penal
               incurr'd
               from
               serving
               him
               .
               When
               Kings
               say
               there
               is
               a
               Necessity
               for
               our
               Service
               ,
               St.
               Paul
               hath
               said
               ,
               
                 we
                 must
                 needs
                 be
                 subject
                 to
                 them
              
               ;
               and
               which
               as
               Grotius
               hath
               well
               observ'd
               ,
               
                 implies
                 Obedience
                 to
                 their
                 Commands
                 as
                 well
                 as
                 Submission
                 to
                 their
                 Coercion
                 .
              
            
             
               As
               Dr.
               Donne
               in
               his
               Pseudo-Martyr
               observ'd
               well
               concerning
               the
               Oath
               of
               
                 Allegiance
                 ,
                 All
                 the
                 Substance
                 of
                 the
                 Oath
                 is
                 virtually
                 contain'd
                 in
                 the
                 first
                 Proposition
                 ,
                 That
                 King
              
               James
               
                 IS
                 lawful
                 King
                 of
                 all
                 these
                 Dominions
                 ,
                 the
                 rest
                 are
                 but
                 Declarations
                 and
                 Branches
                 naturally
                 and
                 necessarily
                 proceeding
                 from
                 that
                 root
                 ,
              
               the
               same
               as
               to
               the
               Point
               we
               are
               upon
               may
               be
               verify'd
               of
               the
               Oath
               of
               
                 Supremacy
                 ,
                 The
                 King's
                 Highness
                 IS
                 the
                 only
                 Supream
                 Governor
                 of
                 this
                 Realm
              
               (
               not
               
                 shall
                 be
              
               by
               virtue
               of
               this
               Act
               )
               
                 IS
                 SO
              
               notwithstanding
               any
               thing
               that
               hath
               been
               done
               ,
               or
               is
               a
               doing
               ,
               and
               whereby
               any
               former
               Princes
               supposed
               
                 de
                 facto
              
               consenting
               to
               tye
               up
               his
               hands
               from
               Governing
               all
               his
               Subjects
               ,
               and
               ranging
               them
               in
               their
               Stations
               in
               his
               Service
               ,
               is
               out
               of
               the
               Case
               of
               your
               Oath
               ,
               who
               have
               sworn
               thus
               ,
               that
               King
               Iames
               the
               Second
               
                 IS
                 the
                 only
                 Supreme
                 Governor
              
               ,
               &c.
               
            
             
               Since
               therefore
               you
               have
               in
               your
               Oath
               acknowledged
               that
               
                 the
                 King
                 is
                 the
                 only
                 Supream
                 Governor
                 ,
              
               and
               that
               according
               to
               the
               37th
               Article
               of
               the
               Church
               of
               
                 England
                 ,
                 He
                 HATH
                 the
                 rule
                 of
                 all
                 Estates
                 and
                 Degrees
                 committed
                 to
                 his
                 charge
                 BY
                 GOD
                 ,
                 whether
                 they
                 be
                 Ecclesiastical
                 or
                 Civil
                 ,
              
               I
               will
               ask
               you
               ,
               if
               any
               Humane
               Law
               can
               disable
               any
               Persons
               from
               being
               govern'd
               by
               him
               ,
               more
               then
               it
               can
               Children
               from
               honouring
               their
               Parents
               .
               According
               to
               those
               words
               in
               
                 Malachi
                 ,
                 
                   If
                   then
                   I
                   be
                   a
                   Father
                   ,
                   where
                   is
                   my
                   honour
                   ?
                   and
                   if
                   I
                   be
                   a
                   Master
                   ,
                   where
                   is
                   my
                   fear
                
              
               ,
               &c.
               may
               it
               not
               be
               said
               to
               every
               Subject
               ,
               
                 while
                 the
                 King
                 IS
                 your
                 King
                 ,
              
               while
               he
               is
               your
               only
               Supreme
               Governor
               ,
               and
               while
               he
               is
               your
               Political
               Father
               ,
               will
               you
               not
               be
               Govern'd
               by
               him
               ?
               Or
               in
               effect
               ,
               will
               you
               Govern
               him
               by
               thinking
               to
               oblige
               him
               not
               to
               employ
               this
               or
               the
               other
               Subject
               ,
               and
               in
               effect
               endeavour
               both
               to
               dishonour
               and
               disable
               him
               who
               is
               the
               Head
               of
               the
               Community
               (
               as
               it
               were
               )
               by
               loss
               of
               Member
               ?
               Will
               you
               dishonour
               him
               who
               
                 bears
                 the
                 Sword
              
               by
               imposing
               on
               him
               your
               belief
               that
               such
               a
               Member
               of
               the
               Body
               Politick
               is
               a
               gangrened
               one
               ,
               and
               necessary
               to
               be
               cut
               off
               from
               serving
               the
               State
               ,
               when
               he
               tells
               you
               he
               knoweth
               the
               contrary
               ?
               Or
               will
               you
               dishonour
               his
               Religion
               by
               saying
               that
               Papists
               are
               disabled
               by
               their
               Religion
               from
               being
               sound
               Members
               of
               the
               State
               ,
               when
               he
               knoweth
               they
               are
               not
               so
               disabled
               by
               it
               ,
               and
               accordingly
               as
               Sir
               
                 William
                 Temple
              
               hath
               in
               his
               Excellent
               Observations
               on
               the
               
                 Low
                 Countries
              
               made
               it
               appear
               ,
               
                 that
                 the
                 Papists
                 there
                 are
                 a
                 sound
                 part
                 of
                 the
                 State
                 ?
              
            
             
               Remember
               that
               the
               words
               
                 only
                 Supreme
              
               ,
               as
               apply'd
               to
               your
               King
               in
               the
               Assertory
               part
               of
               your
               Oath
               are
               not
               
                 Otiosa
                 Epitheta
              
               .
               You
               will
               find
               that
               our
               great
               Casuist
               ,
               Bishop
               Sanderson
               in
               his
               Seventh
               Lecture
               of
               the
               Obligation
               of
               Conscience
               lays
               so
               much
               stress
               on
               those
               words
               in
               your
               
                 Oath
                 
                   Only
                   Supreme
                
                 Governour
              
               ,
               as
               to
               judge
               him
               PERIUR'D
               who
               having
               taken
               the
               Oath
               ,
               shall
               assert
               the
               Figment
               (
               as
               he
               calls
               it
               )
               of
               
                 Co-ordinate
                 Power
                 .
                 Quid
                 enim
                 PERIURIUM
                 dici
                 mereatur
                 ,
                 si
                 hoc
                 non
                 sit
                 manifestissimum
                 PERIURIUM
                 ,
                 quem
                 
                   solum
                   esse
                   Supremum
                   in
                   suo
                   regno
                   Moderatorem
                   ,
                
                 Conceptis
                 verbis
                 juraveris
                 ,
                 ei
                 parem
                 etiam
                 in
                 suo
                 regno
                 potestatem
                 constituere
                 &
                 agnoscere
                 .
              
            
             
             
               If
               you
               did
               but
               often
               enough
               consider
               your
               Prince
               ,
               as
               asserted
               in
               your
               Oath
               ,
               to
               be
               Governor
               of
               the
               Realm
               ,
               you
               would
               find
               in
               your
               thoughts
               no
               difficulty
               of
               allowing
               him
               the
               Power
               of
               Commanding
               all
               Persons
               in
               it
               without
               exception
               to
               
                 serve
                 him
              
               .
               Bishop
               Bilson
               in
               his
               Book
               of
               Supremacy
               ,
               p.
               238.
               saith
               ,
               
                 Though
                 Bishops
                 may
                 be
                 call'd
                 Governors
                 in
                 respect
                 of
                 the
                 Soul
                 ,
                 yet
                 only
                 Princes
                 are
                 Governors
                 of
                 Realms
                 .
                 Pastors
                 have
                 Flocks
                 ,
                 and
                 Bishops
                 have
                 Diocesses
                 ;
                 Realms
                 and
                 Dominions
                 none
                 have
                 but
                 Princes
                 ,
              
               &c.
               
                 and
                 so
                 the
                 style
                 of
                 Governor
                 of
                 this
                 Realm
                 belongs
                 only
                 to
                 the
                 Prince
                 ,
                 and
                 not
                 to
                 the
                 Priest
                 ,
                 and
                 imports
                 a
                 Publick
                 and
                 Princely
                 regiment
                 .
              
               And
               here
               I
               shall
               take
               occasion
               to
               tell
               you
               ,
               that
               as
               the
               Common
               Law
               ,
               subjecting
               the
               Inhabitants
               of
               this
               Realm
               to
               the
               Government
               of
               Bishops
               hath
               not
               kept
               our
               Princes
               from
               exempting
               particular
               Persons
               and
               Bodies
               Corporate
               from
               their
               Iurisdiction
               ,
               but
               could
               not
               exempt
               them
               from
               being
               subject
               to
               their
               Prince
               ,
               and
               from
               
                 obeying
                 him
              
               ,
               that
               much
               less
               could
               any
               Statute
               Law
               do
               it
               .
            
             
               It
               is
               upon
               the
               weight
               of
               reason
               that
               lyes
               in
               this
               Assertory
               part
               of
               the
               Oath
               that
               so
               many
               Writers
               of
               the
               Common
               Law
               have
               founded
               their
               Assertion
               of
               the
               
               King's
               Power
               o●…
               Commanding
               the
               Service
               of
               all
               his
               Subjects
               ,
               as
               essential
               to
               the
               keeping
               up
               the
               Monarchy
               ,
               (
               or
               the
               Rule
               of
               all
               
                 Estates
                 committed
                 to
                 him
                 by
                 God
                 ,
              
               that
               I
               lately
               spoke
               of
               )
               and
               inseparable
               from
               it
               ,
               no●…
               alienable
               by
               any
               Humane
               Laws
               .
               It
               is
               the
               Supreme
               Power
               of
               our
               Princes
               as
               Governors
               of
               the
               Realm
               ,
               that
               hath
               always
               entitled
               them
               to
               Press
               men
               for
               the
               Service
               of
               the
               Crown
               by
               Land
               or
               Sea
               ,
               and
               to
               recall
               both
               Soldiers
               and
               Mariners
               from
               the
               Service
               of
               Foreign
               Princes
               upon
               emergent
               Occasions
               to
               serve
               their
               natural
               Liege
               Lord.
               And
               the
               Book
               writ
               by
               a
               Learned
               Common
               Lawyer
               against
               the
               Exclusion
               ,
               call'd
               ,
               
                 A
                 Letter
                 from
                 a
                 Gentleman
                 of
                 Quality
                 in
                 the
                 Country
                 ,
              
               &c.
               and
               Printed
               A.
               1679.
               and
               so
               deservedly
               extoll'd
               by
               the
               Iudicious
               loyal
               ,
               tells
               you
               in
               p.
               7.
               and
               8.
               that
               
                 If
                 it
                 should
                 be
                 enacted
                 by
                 Parliament
                 that
                 No
                 man
                 should
                 honour
                 the
                 King
                 ,
                 or
                 love
                 his
                 Parents
                 or
                 Children
                 ,
              
               &c.
               
                 such
                 an
                 Act
                 would
                 be
              
               ipso
               facto
               
                 void
                 ,
                 because
                 contrary
                 to
                 the
                 express
                 Divine
                 Command
                 ,
              
               &c.
               
                 The
                 Statute
                 of
              
               23
               H.
               6.
               c.
               8.
               
                 and
                 several
                 other
                 Statutes
                 Enact
                 ,
                 that
                 no
                 Man
                 shall
                 be
                 Sheriff
                 of
                 any
                 County
                 above
                 one
                 year
                 ,
                 and
                 that
                 any
                 Patent
                 of
                 the
                 King
                 to
                 any
                 Person
                 for
                 a
                 longer
                 term
                 ,
                 tho
                 with
                 an
                 express
                 Clause
                 of
              
               Non-obstante
               
                 shall
                 be
                 void
                 and
                 of
                 none
                 Effect
                 ,
                 and
                 the
                 Patentee
                 perpetually
                 disabled
                 to
                 bear
                 the
                 Office.
                 And
                 yet
                 notwithstanding
                 it
                 is
                 Resolv'd
                 by
                 all
                 the
                 Iudges
                 of
              
               England
               ,
               
                 that
                 these
                 Acts
                 of
                 Parliament
                 are
                 void
                 :
                 and
                 that
                 the
                 King
                 may
                 by
              
               Non-obstante
               
                 Constitute
                 a
                 Sheriff
                 for
                 Years
                 ,
                 Life
                 ,
                 or
                 Inheritance
                 .
                 And
                 what
                 is
                 the
                 Reason
                 which
                 the
                 Iudges
                 give
                 of
                 this
                 Resolution
                 ?
                 Why
                 ,
                 because
                 ,
                 say
                 they
                 ,
                 in
                 express
                 words
                 ,
                 this
                 Act
                 of
                 Parliament
                 cannot
                 bar
                 the
                 King
                 of
                 the
                 Service
                 of
                 his
                 Subject
                 ,
                 which
                 the
                 immutable
                 Law
                 of
                 Nature
                 doth
                 give
                 to
                 him
                 .
                 For
                 Obedience
                 and
                 Ligeance
                 of
                 the
                 Subject
                 ,
                 (
                 add
                 they
                 )
                 is
                 due
                 to
                 the
                 Soveraign
                 by
                 the
                 Law
                 of
                 Nature
                 .
              
               See
               2
               Hen.
               7.
               6.
               v.
               
               Calvin's
               Case
               ,
               14.
               a.
               in
               
               Coke's
               7th
               Rep.
               
            
             
               We
               know
               that
               by
               the
               Statute
               of
               4
               
               o.
               H.
               4.
               c.
               5.
               't
               is
               ordain'd
               ,
               That
               
                 every
                 Sheriff
                 of
              
               England
               
                 shall
                 abide
                 in
                 proper
                 Person
                 within
                 his
                 Bailywick
                 ,
                 for
                 the
                 time
                 that
                 he
                 shall
                 be
                 such
                 Officer
                 .
              
               But
               this
               Act
               hath
               never
               been
               construed
               to
               hinder
               the
               King
               as
               Supreme
               Governor
               and
               Ruler
               of
               all
               Persons
               in
               the
               Realm
               from
               Commanding
               any
               Sheriffs
               to
               serve
               him
               elsewhere
               during
               their
               Shrievalties
               :
               nor
               on
               such
               case
               to
               oblige
               the
               Sheriffs
               in
               Conscience
               to
               observe
               the
               Statute
               by
               such
               Personal
               residence
               .
            
             
               Baker
               in
               the
               reign
               of
               King
               Charles
               the
               first
               tells
               us
               of
               an
               
                 Information
                 A.
              
               1629.
               in
               the
               Star-chamber
               against
               Mr.
               Long
               ,
               
                 for
                 that
                 he
                 being
                 high
                 Sheriff
                 of
                 the
                 County
                 of
              
               Wilts
               ,
               
                 had
                 the
                 Charge
                 and
                 Custody
                 thereof
                 committed
                 to
                 him
                 ,
                 and
                 had
                 taken
                 his
                 Oath
                 according
                 to
                 the
                 Law
                 to
                 abide
                 within
                 his
                 Bailys-wick
                 all
                 the
                 time
                 of
                 his
                 Sheriff-wick
                 ,
                 and
                 his
                 Trust
                 and
                 Employment
              
               
               
                 requiring
                 his
                 personal
                 attendance
                 therein
                 ,
                 did
                 contrary
                 thereto
                 suffer
                 himself
                 to
                 be
                 chosen
                 a
                 Citizen
                 for
                 the
                 City
                 of
              
               Bath
               
                 to
                 serve
                 in
                 the
                 last
                 Parliament
                 ,
                 and
                 did
                 attend
                 at
              
               Westminster
               
                 in
                 Parliament
                 WITHOUT
                 HIS
                 MAIESTIES
                 LICENCE
                 ,
                 he
                 being
                 Sheriff
                 at
                 that
                 time
                 :
                 and
                 that
                 for
                 the
                 foremention'd
                 Offences
                 and
                 Breach
                 of
                 his
                 Oath
                 ,
                 and
                 neglect
                 of
                 his
                 Trust
                 ,
                 and
                 Contempt
                 of
                 his
                 Majesty
                 ,
                 the
                 Decree
                 was
                 ,
                 That
                 he
                 should
                 be
                 Committed
                 to
                 the
              
               Tower
               
                 during
                 his
                 Majesties
                 Pleasure
                 ,
                 and
                 pay
                 a
                 Fine
                 of
              
               2000
               
                 Marks
                 to
                 the
                 King.
              
               Hereby
               you
               see
               that
               his
               Majesties
               LICENCE
               or
               Dispensing
               with
               that
               Statute
               had
               indemnify'd
               him
               from
               it
               in
               the
               Court
               of
               Law
               ;
               and
               that
               the
               
                 potestas
                 Superioris
              
               being
               necessarily
               imply'd
               in
               a
               promissory
               Oath
               ,
               the
               King
               as
               supreme
               Governour
               of
               all
               Persons
               in
               his
               Realms
               ,
               commanding
               or
               allowing
               such
               Officers
               service
               to
               the
               publick
               elsewhere
               ,
               had
               secured
               him
               in
               either
               forum
               .
            
             
               The
               known
               Custom
               of
               the
               
                 Speaker
                 of
                 the
                 House
                 of
                 Commons
                 DISABLING
                 himself
              
               when
               presented
               to
               the
               King
               ,
               but
               of
               entring
               on
               his
               Charge
               on
               the
               King's
               approbation
               and
               pleasure
               signify'd
               (
               according
               to
               that
               saying
               of
               
                 Cu●…
                 me
                 posse
                 negem
                 quod
                 tu
                 posse
                 putes
              
               )
               may
               pass
               for
               some
               representation
               to
               our
               thoughts
               of
               Disability
               to
               serve
               the
               publick
               ,
               then
               evaporating
               when
               the
               King
               as
               Governor
               of
               the
               Realm
               doth
               give
               the
               Subject
               a
               Call
               so
               to
               do
               .
               You
               may
               find
               this
               practice
               of
               the
               
                 Speaker's
                 disabling
                 himself
              
               set
               down
               in
               Coke
               4.
               
               
                 Inst.
                 c.
              
               1.
               
               And
               I
               shall
               here
               by
               the
               way
               take
               notice
               that
               he
               there
               likewise
               mentions
               it
               that
               
                 one
                 of
                 the
                 Principal
                 ends
                 of
                 Calling
                 of
                 Parliaments
                 is
                 for
                 the
                 redress
                 of
                 the
                 Mischiefs
                 and
                 Grievances
                 that
                 dayly
                 happen
                 .
              
               And
               he
               had
               there
               before
               said
               ,
               Now
               
                 forasmuch
                 as
                 divers
                 Laws
                 and
                 Statutes
                 have
                 been
                 enacted
                 and
                 provided
                 for
                 these
                 ends
                 aforesaid
                 ,
                 and
                 that
                 divers
                 Mischiefs
                 in
                 particular
                 ,
                 and
                 divers
                 Grievances
                 in
                 general
                 concerning
                 the
                 Honour
                 and
                 Safety
                 of
                 the
                 King
                 ,
                 the
                 State
                 and
                 Defence
                 of
                 the
                 Kingdom
                 ,
                 and
                 of
                 the
                 Church
                 of
              
               England
               
                 might
                 be
                 prevented
                 ,
                 an
                 excellent
                 Law
                 was
                 made
              
               Anno
               36.
               
               E.
               3.
               
                 which
                 being
                 applied
                 to
                 the
                 said
                 Writs
                 of
                 Parliament
                 doth
                 in
                 few
                 and
                 effectual
                 words
                 set
                 down
                 the
                 true
                 subject
                 of
                 a
                 Parliament
                 in
                 these
                 words
                 ,
                 
                   For
                   the
                   maintenance
                   of
                   the
                   said
                   Articles
                   and
                   Statutes
                   ,
                   and
                   redress
                   of
                   divers
                   Mischiefs
                   and
                   Grievances
                   which
                   daily
                   happen
                   ,
                   a
                   Parliament
                   shall
                   be
                   holden
                   every
                   year
                   ,
                   as
                   another
                   time
                   was
                   Ordain'd
                   by
                   a
                   Statute
                   .
                
                 Before
                 the
                 Conquest
                 Parliaments
                 were
                 to
                 be
                 holden
                 twice
                 every
                 year
                 ,
              
               &c.
               
            
             
               But
               accordingly
               as
               my
               Lord
               Coke
               there
               takes
               notice
               of
               the
               style
               of
               the
               Statute
               of
               36.
               
               E.
               3.
               
                 viz.
                 
                   to
                   the
                   Honour
                   of
                   God
                   ,
                   and
                   of
                   holy
                   Church
                   and
                   quietness
                   of
                   the
                   People
                   ,
                
              
               and
               according
               to
               the
               style
               of
               the
               Statute
               of
               10.
               
               E.
               3.
               
               
                 Because
                 our
                 Sovereign
                 Lord
                 the
                 King
              
               Edw.
               3.
               
                 which
                 Soverainly
                 desireth
                 the
                 maintenance
                 of
                 the
                 Peace
                 and
                 Safeguard
                 of
                 his
                 People
                 ,
              
               &c.
               
                 hath
                 Ordain'd
              
               ,
               &c.
               
                 for
                 the
                 Quietness
                 and
                 Peace
                 of
                 his
                 People
                 ,
              
               &c.
               and
               suitably
               to
               the
               style
               of
               the
               Statute
               of
               14
               o
               E.
               3.
               1.
               
               
                 To
                 the
                 honour
                 of
                 God
              
               ,
               &c.
               
               
                 The
                 King
                 for
                 Peace
                 and
                 Quietness
                 of
                 his
                 People
                 as
                 well
                 great
                 as
                 small
                 ,
                 doth
                 Grant
                 and
                 Establish
                 the
                 things
                 under-written
                 ,
              
               &c.
               and
               to
               that
               of
               20.
               
               E.
               3.
               
                 and
                 for
                 this
                 Cause
                 desiring
                 as
                 much
                 for
                 the
                 Pleasure
                 of
                 God
                 ,
                 and
                 Ease
                 and
                 Quietness
                 of
                 our
                 Subjects
                 ,
              
               and
               according
               to
               that
               style
               in
               the
               
                 Register
                 ,
                 
                   Nos
                   oppressiones
                   ,
                   duritias
                   ,
                   damna
                   excessus
                   ,
                   &
                   praedicta
                   gravamina
                   volentes
                   relinquere
                   impunita
                   ,
                   volentesque
                   salvationi
                   &
                   QUIETI
                   populi
                   nostri
                   in
                   hac
                   parte
                   prospicere
                   ut
                   tenemut
                
              
               ,
               &c.
               and
               according
               to
               the
               Trust
               committed
               to
               Princes
               by
               God
               to
               endeavour
               that
               their
               Subjects
               may
               
                 under
                 them
                 lead
                 QUIET
                 and
                 Peaceable
                 lives
                 in
                 all
                 Godliness
              
               and
               Honesty
               (
               and
               which
               is
               the
               great
               Fundamental
               reason
               of
               the
               Moral
               Obligation
               of
               Princes
               to
               relax
               the
               
                 Summum
                 jus
              
               of
               their
               Laws
               by
               sometimes
               DISPENSING
               therein
               )
               since
               we
               may
               easily
               imagine
               by
               our
               thinking
               of
               a
               late
               Conjuncture
               ,
               how
               possible
               it
               was
               that
               the
               Peace
               
               and
               Quietness
               of
               the
               People
               might
               be
               disturb'd
               by
               the
               Annual
               Calling
               of
               Parliaments
               ,
               according
               to
               the
               tenour
               of
               those
               Laws
               ;
               our
               Princes
               as
               Supreme
               Governors
               of
               the
               Realm
               ,
               did
               often
               dispense
               with
               their
               observance
               .
            
             
               The
               Author
               of
               the
               Book
               call'd
               
                 The
                 Long
                 Parliament
                 Dissolv'd
              
               ,
               Printed
               in
               the
               year
               1676.
               refers
               to
               
                 the
                 Laws
                 of
              
               4
               o
               E.
               3.
               c.
               10.
               and
               36.
               
               E.
               3.
               c.
               14.
               5.
               
               E.
               3.
               
               N
               
               o.
               141.
               5.
               
               E.
               2.
               
               N
               
               o.
               —
               1.
               
               R.
               2.
               
               N
               
               o.
               95.
               
                 as
                 positively
                 appointing
                 the
                 Meeting
                 of
                 a
                 Parliament
                 once
                 within
                 a
                 year
                 .
                 And
                 the
                 People
              
               (
               saith
               he
               )
               
                 have
                 silently
                 waited
                 and
                 born
                 the
                 Omission
                 of
                 our
                 Princes
                 in
                 not
                 so
                 Calling
                 Parliaments
                 :
              
               And
               he
               further
               mentions
               how
               Queen
               Elizabeth
               
                 Prorogued
                 a
                 Parliament
                 for
                 three
                 days
                 more
                 then
                 a
                 year
                 :
              
               and
               he
               presumes
               to
               complain
               of
               His
               late
               Majesty's
               Proroguing
               his
               long
               Parliament
               to
               above
               a
               years
               time
               as
               illegal
               ,
               and
               he
               argues
               for
               that
               Parliaments
               being
               disabled
               from
               Sitting
               and
               acting
               afterward
               as
               a
               Parliament
               ,
               by
               reason
               of
               such
               Prorogation
               as
               contrary
               to
               the
               aforesaid
               Laws
               ,
               and
               which
               ,
               he
               saith
               ,
               
                 were
                 declared
                 to
                 be
                 in
                 force
                 when
                 the
                 triennial
                 Act
                 was
                 made
                 in
              
               16.
               
               Caroli
               1
               
               mi.
               
                 and
                 so
                 likewise
                 in
                 the
                 Statute
                 for
                 repealing
                 that
                 triennial
                 Act
                 in
              
               16.
               
               Car.
               2
               
               o.
               
                 in
                 these
                 words
                 ,
                 And
                 because
                 by
                 the
                 Ancient
                 Laws
                 and
                 Statutes
                 of
                 this
                 Realm
                 made
                 in
                 the
                 Reign
                 of
                 King
              
               Edward
               
                 the
                 Third
                 ,
                 Parliaments
                 are
                 to
                 be
                 held
                 very
                 often
                 ,
              
               &c.
               
            
             
               And
               how
               the
               Iudgment
               of
               the
               House
               of
               Lords
               was
               assertive
               of
               the
               legality
               of
               that
               Parliaments
               not
               being
               disabled
               from
               sitting
               after
               such
               His
               late
               Majesty's
               Prorogation
               ,
               is
               fresh
               in
               memory
               .
            
             
               But
               to
               return
               from
               whence
               I
               digress'd
               ,
               I
               may
               here
               take
               notice
               to
               you
               how
               our
               Princes
               as
               Supreme
               Governors
               of
               the
               Realm
               ,
               and
               as
               having
               the
               Rule
               of
               all
               Persons
               committed
               to
               them
               by
               God
               (
               and
               to
               whom
               they
               stand
               accountable
               for
               the
               same
               )
               have
               held
               themselves
               obliged
               further
               to
               dispense
               with
               disability
               incurr'd
               by
               Acts
               of
               Parliament
               upon
               a
               Religionary
               account
               ,
               and
               which
               they
               have
               done
               to
               the
               general
               satisfaction
               of
               their
               Subjects
               of
               all
               Religions
               .
            
          
           
             
               A
               :
            
             
               What
               do
               you
               here
               intend
               to
               refer
               to
               ?
            
          
           
             
               B.
               
            
             
               I
               do
               here
               intend
               to
               refer
               to
               the
               Statute
               of
               3
               o
               Iacobi
               c.
               5.
               by
               one
               Clause
               in
               which
               Act
               
                 Convict
                 Recusants
                 are
                 DISABLED
                 from
                 practising
                 Physick
                 ,
                 or
                 bearing
                 any
                 Office
                 or
                 Charge
                 Military
                 ,
              
               and
               by
               which
               Clause
               every
               Person
               offending
               ,
               
                 is
                 to
                 forfeit
                 for
                 every
                 such
                 Offence
              
               100
               l.
               
                 and
                 the
                 one
                 Moyety
                 thereof
                 to
                 be
                 to
                 the
                 King
                 ,
                 and
                 the
                 other
                 Moyety
                 to
                 him
                 that
                 will
                 sue
                 for
                 the
                 same
                 ,
              
               &c.
               
               But
               notwithstanding
               the
               Zeal
               of
               that
               Prince
               against
               Popery
               ,
               he
               out
               of
               a
               tender
               regard
               to
               the
               Bodies
               and
               Healths
               of
               his
               People
               ,
               and
               the
               ennabling
               many
               learned
               Roman-Catholick
               Physicians
               to
               preserve
               them
               ,
               did
               by
               Connivence
               sufficient●…y
               dispense
               with
               that
               Law
               ;
               insomuch
               that
               it
               may
               be
               said
               ,
               that
               that
               severe
               disabling
               Law
               came
               on
               the
               Stage
               ,
               but
               as
               Cato
               into
               the
               
                 Theatre
                 ,
                 only
                 to
                 go
                 off
                 again
                 .
              
            
             
               And
               I
               have
               elsewhere
               mention'd
               it
               ,
               that
               a
               Book
               afterward
               Printed
               in
               his
               Reign
               ,
               call'd
               
                 The
                 Foot
                 out
                 of
                 the
                 Snare
                 ,
              
               sets
               down
               the
               Names
               of
               about
               
                 Twenty
                 five
              
               famous
               Roman-Catholick
               Physicians
               then
               Practising
               in
               London
               ,
               and
               the
               places
               of
               their
               abodes
               ,
               and
               whom
               yet
               (
               I
               believe
               )
               no
               Informer
               ever
               molested
               .
            
             
               And
               notwithstanding
               the
               disability
               incurr'd
               by
               that
               Act
               of
               Parliament
               ,
               I
               account
               that
               an
               eminent
               Roman-Catholick
               Physician
               not
               long
               since
               dead
               ,
               was
               not
               by
               any
               among
               our
               various
               Sects
               of
               Protestants
               in
               the
               Plot-times
               ,
               envy'd
               the
               liberty
               of
               being
               in
               our
               Metropolis
               the
               greatest
               Practicioner
               of
               that
               noble
               Science
               .
               By
               the
               same
               Clause
               Roman-Catholick
               Lawyers
               are
               likewise
               disabled
               from
               Practice
               ,
               and
               under
               the
               same
               Penalty
               ;
               but
               who
               likewise
               enjoy'd
               the
               same
               Dispensation
               by
               Connivence
               with
               those
               of
               the
               other
               Profession
               ,
               accordingly
               as
               Mr.
               Nye
               in
               his
               Book
               ,
               call'd
               
                 Beams
                 of
                 former
                 Light
              
               observes
               ,
               p.
               146.
               viz.
               
                 The
                 Law
                 ,
                 Physick
                 ,
                 Merchandize
                 ,
              
               &c.
               
                 may
                 be
                 practised
                 by
                 a
                 Turk
                 ,
                 or
                 Iew
                 ,
                 or
                 Papist
                 here
                 among
                 us
                 ,
              
               &c.
               
            
             
             
               How
               severe
               the
               Laws
               in
               being
               are
               against
               Roman-Catholicks
               of
               the
               other
               great
               Profession
               ,
               namely
               of
               Theology
               ,
               and
               of
               the
               Clerical
               or●…er
               officiating
               here
               ,
               you
               know
               .
               But
               you
               likewise
               know
               my
               opinion
               I
               discours'd
               to
               you
               of
               in
               the
               Conjuncture
               of
               the
               Plot
               ,
               and
               
                 Panick
                 fears
              
               ;
               namely
               ,
               that
               by
               virtue
               of
               the
               Contents
               of
               the
               Assertory
               part
               of
               the
               Oath
               we
               are
               upon
               ,
               even
               our
               Protestant
               Kings
               as
               Supreme
               Governors
               of
               the
               Realm
               both
               in
               Matters
               Ecclesiastical
               and
               Civil
               ,
               and
               as
               having
               the
               Rule
               of
               all
               Persons
               committed
               to
               them
               by
               God
               ,
               were
               morally
               bound
               to
               see
               our
               Roman-Catholick
               Countreymen
               ,
               while
               living
               among
               us
               here
               ,
               provided
               with
               a
               Competent
               Priesthood
               ,
               as
               Physicians
               for
               their
               Souls
               ,
               and
               to
               administer
               the
               Sacraments
               to
               them
               .
            
          
           
             
               A.
               
            
             
               Yes
               ,
               I
               remember
               you
               Discourse
               of
               that
               matter
               then
               ,
               and
               how
               you
               mention'd
               it
               ;
               that
               if
               any
               Turks
               or
               Iews
               ,
               or
               any
               Heterodox
               Religionaries
               desired
               to
               live
               here
               without
               a
               Priesthood
               ,
               the
               Prince
               as
               Guardian
               of
               both
               Tables
               ,
               was
               obliged
               by
               his
               Coercive
               Power
               to
               make
               them
               put
               their
               own
               Principles
               in
               practice
               by
               their
               having
               a
               Competent
               Priesthood
               ,
               and
               which
               all
               the
               Sects
               of
               the
               
                 Mahumetan
                 ,
                 Paga●…
                 ,
                 Iewish
              
               and
               Christian
               Religion
               own
               it
               as
               their
               Principle
               to
               have
               :
               and
               that
               as
               Religion
               was
               necessary
               to
               the
               State
               to
               make
               men
               good
               Subjects
               and
               ready
               to
               serve
               their
               Prince
               ,
               and
               just
               Dealers
               ,
               a
               Priesthood
               was
               necessary
               to
               Religion
               .
            
          
           
             
               B.
               
            
             
               You
               are
               not
               therefore
               to
               wonder
               at
               the
               Dispensation
               by
               Connivence
               so
               many
               Roman-Catholick
               Priests
               enjoy'd
               here
               in
               the
               Reig●…s
               of
               former
               Princes
               .
               And
               I
               shall
               some
               other
               time
               tell
               you
               how
               our
               Laws
               that
               
                 DISABLE
                 Papists
              
               from
               bearing
               Arms
               ,
               were
               in
               the
               time
               of
               the
               Rebellion
               after
               A.
               1640.
               necessarily
               dispens'd
               with
               by
               the
               Royal
               Martyr
               as
               Supreme
               Governor
               of
               the
               Realm
               ;
               and
               that
               none
               of
               the
               Church
               of
               England
               did
               look
               with
               
                 an
                 evil
                 eye
              
               in
               the
               least
               on
               such
               disability
               ,
               being
               then
               dispens'd
               with
               by
               Prerogative
               .
            
          
           
             
               A.
               
            
             
               I
               suppose
               you
               may
               have
               heard
               it
               objected
               that
               by
               the
               Statute
               of
               25.
               
               C.
               2.
               which
               has
               lately
               employ'd
               your
               thoughts
               ,
               the
               Prerogative
               of
               the
               King
               is
               not
               touch'd
               ;
               for
               that
               the
               King
               may
               grant
               the
               Offices
               to
               any
               of
               his
               Subjects
               ,
               and
               that
               the
               Act
               is
               only
               a
               Direction
               to
               the
               Subject
               to
               qualifie
               himself
               accordingly
               for
               the
               King's
               Service
               ,
               and
               that
               if
               he
               be
               uncapable
               to
               serve
               the
               King
               ,
               't
               is
               through
               his
               own
               default
               ,
               and
               he
               is
               punishable
               for
               the
               same
               ,
               as
               happen'd
               in
               the
               Case
               of
               one
               who
               was
               made
               Sheriff
               and
               neglected
               to
               take
               the
               Oaths
               :
               and
               that
               there
               was
               an
               Opinion
               given
               in
               the
               Case
               that
               no
               Subject
               could
               put
               himself
               out
               of
               a
               Capacity
               to
               serve
               the
               King
               ,
               but
               for
               so
               doing
               he
               is
               punishable
               .
            
          
           
             
               B.
               
            
             
               But
               the
               more
               you
               think
               of
               this
               Matter
               ,
               you
               will
               find
               the
               unreasonableness
               of
               the
               Objection
               recurring
               upon
               your
               thoughts
               with
               greater
               force
               .
               For
               it
               is
               not
               in
               mens
               Power
               to
               qualifie
               themselves
               to
               serve
               the
               King
               by
               believing
               what
               doctrinal
               Propositions
               they
               will
               :
               and
               tho
               you
               have
               heard
               of
               a
               Faith
               that
               will
               remove
               Mountains
               ,
               yet
               you
               may
               consider
               that
               't
               is
               as
               easie
               to
               remove
               them
               as
               your
               Faith
               it self
               about
               Matters
               of
               reveal'd
               truth
               ,
               and
               that
               considering
               the
               Circumstances
               some
               mens
               Minds
               are
               involv'd
               in
               ,
               they
               can
               no
               more
               alter
               their
               beliefs
               about
               Transubstantiation
               ,
               then
               they
               can
               transubstantiate
               themselves
               into
               other
               Creatures
               ;
               and
               are
               under
               a
               Moral
               incapacity
               of
               preventing
               another
               incurred
               by
               Law.
               And
               therefore
               as
               it
               would
               be
               Injustice
               in
               a
               Judge
               to
               Punish
               a
               man
               for
               the
               Errors
               of
               the
               mind
               that
               he
               knoweth
               not
               to
               be
               voluntary
               ,
               and
               for
               a
               man
               's
               not
               putting
               himself
               into
               a
               Capacity
               to
               serve
               the
               King
               ,
               by
               the
               Professing
               of
               the
               truth
               in
               Problematical
               Points
               ,
               when
               the
               King
               of
               Kings
               hath
               by
               the
               not
               sufficient
               promulgating
               of
               such
               truth
               to
               his
               understanding
               ,
               render'd
               him
               innocent
               in
               his
               disbelief
               thereof
               ,
               and
               so
               long
               morally
               uncapable
               to
               profess
               it
               ;
               so
               by
               one
               
               man's
               after
               another
               appearing
               thus
               unable
               to
               qualifie
               himself
               to
               serve
               the
               King
               ,
               he
               may
               be
               totally
               unserved
               .
            
             
               I
               have
               often
               heard
               you
               complain
               of
               the
               narrow
               
               Idea's
               of
               the
               King's
               Supremacy
               in
               some
               of
               the
               Non-Conformists
               :
               but
               if
               you
               will
               read
               the
               
                 Protestation
                 of
                 the
                 King's
                 Supremacy
              
               made
               by
               the
               N●…n-conforming
               Ministers
               and
               Printed
               
                 A
                 ▪
                 D.
              
               1605.
               you
               will
               find
               that
               they
               have
               there
               given
               in
               sufficient
               caution
               for
               t●…eir
               Principles
               ,
               not
               allowing
               any
               of
               the
               King's
               Subjects
               being
               disabled
               from
               serving
               him
               .
               For
               they
               having
               said
               in
               §
               .
               1.
               
               
                 We
                 hold
                 and
                 maintain
                 the
                 same
                 Authority
                 and
                 Suprem●…cy
                 in
                 all
                 Causes
                 and
                 over
                 all
                 Persons
                 Civil
                 and
                 Ecclesiastical
                 granted
                 by
              
               Statute
               
                 to
                 Queen
              
               Elizabeth
               ,
               
                 and
                 expressed
                 and
                 declared
                 in
                 the
                 Book
                 of
              
               Advertisements
               and
               Injunctions
               ,
               and
               
                 in
                 Mr.
              
               Bilson
               
                 against
                 the
                 Iesuites
                 ,
                 to
                 be
                 due
                 in
                 full
                 and
                 ample
                 manner
                 without
                 any
                 limitation
                 or
                 qualification
                 to
                 the
                 King
                 ▪
                 and
                 his
                 Heirs
                 and
                 Successors
                 for
                 ever
                 ,
              
               they
               add
               in
               §
               .
               2.
               
               
                 We
                 are
                 so
                 far
                 from
                 judging
                 the
                 said
                 Sup●…emacy
                 to
                 be
                 unlawful
                 ,
                 that
                 we
                 are
                 pers●…
                 aded
                 that
                 the
                 King
                 should
                 sin
                 highly
                 against
                 God
                 ,
                 if
                 he
                 should
                 not
                 assume
                 the
                 same
                 to
                 himself
                 ,
                 and
                 that
                 the
                 Churches
                 within
                 his
                 Dominions
                 should
                 sin
                 damnably
                 ,
                 if
                 they
                 should
                 deny
                 to
                 yield
                 the
                 same
                 to
                 him
                 ;
                 yea
                 ,
                 tho
                 the
                 STATUTES
                 of
                 the
                 Kingdom
                 should
                 de●…y
                 it
                 to
                 him
                 .
              
               And
               they
               tell
               you
               in
               Sect.
               6.
               that
               
                 the
                 height
                 of
                 the
                 King
                 's
                 Royal
                 Dignity
                 consists
                 in
                 his
                 Supremacy
                 .
              
            
             
               It
               is
               thus
               likewise
               a
               kind
               of
               familiar
               or
               Vulgar
               Error
               among
               Protestants
               to
               think
               that
               in
               the
               ●…ncient
               times
               this
               Fundamental
               Assertory
               part
               of
               your
               Oath
               t●…at
               
                 the
                 King
                 is
                 the
                 only
                 Supreme
                 Governor
                 of
                 this
                 R●…alm
                 ,
              
               was
               not
               allow'd
               .
               Long
               before
               the
               Rescript
               of
               the
               University
               of
               Oxford
               to
               Henry
               the
               8th
               ,
               A.
               1534.
               mention'd
               
                 that
                 he
                 was
                 next
                 under
                 God
                 their
                 happy
                 and
                 Supreme
                 Moderator
                 and
                 Governor
                 ,
              
               and
               on
               which
               being
               brought
               into
               the
               Parliament
               House
               ,
               an
               Act
               passed
               whereby
               the
               King
               was
               declared
               
                 Supreme
                 Head
              
               and
               Governor
               of
               the
               Church
               ,
               and
               long
               before
               it
               was
               declared
               by
               the
               Parliament
               16.
               
               R.
               2.
               c.
               5.
               that
               
                 the
                 Crown
                 ●…t
              
               England
               
                 hath
                 been
                 so
                 free
                 at
                 all
                 times
                 ,
                 that
                 it
                 hath
                 been
                 in
                 no
                 earthly
                 subjection
                 ,
                 but
                 immediately
                 subject
                 to
                 God
                 in
                 all
                 things
                 touching
                 the
                 Regality
                 of
                 the
                 same
                 Crown
                 ,
                 and
                 to
                 none
                 other
              
               and
               long
               before
               
               Bracton's
               writing
               in
               the
               Reign
               of
               H.
               3.
               
               
                 Omnis
                 quidem
                 sub
                 Rege
                 ,
                 &
                 ipse
                 sub
                 nullo
                 sed
                 tantum
                 sub
                 Deo
              
               ;
               and
               ipse
               autem
               Rex
               non
               debet
               esse
               sub
               homine
               ,
               sed
               sub
               Deo.
               &c.
               you
               will
               find
               (
               if
               you
               look
               into
               
               Coke's
               4th
               Instit.
               c.
               74.
               )
               that
               in
               the
               Law
               before
               the
               Conquest
               ,
               the
               style
               runs
               ,
               
                 Rex
                 autem
                 quia
                 Uicarius
                 ▪
                 summ●…
                 Regis
                 est
                 ,
                 ad
                 hoc
                 est
                 constitutus
                 ,
                 ut
                 Regnum
                 ter●…enum
                 &
                 populum
                 Domini
                 &
                 super
                 omnia
                 sanctam
                 veneretu●…
                 Ecclesiam
                 ejus
                 &
                 regat
                 ,
              
               &c.
               and
               where
               he
               tells
               you
               of
               the
               style
               of
               King
               Edwin
               in
               his
               Charters
               ,
               viz.
               of
               
                 Ang●…orum
                 Rex
                 ,
                 &
                 totius
                 Britannicae
                 tel●…uris
                 Gube●…nator
                 &
                 Rector
                 .
              
               And
               he
               there
               refers
               likewise
               to
               several
               Grants
               made
               by
               Ab●…ots
               and
               Priors
               to
               King
               E.
               4.
               wherein
               they
               style
               him
               by
               these
               very
               words
               
                 Supremus
                 Dominus
                 noster
              
               .
            
             
               But
               that
               he
               might
               
                 perimere
                 litem
              
               ,
               as
               to
               the
               point
               of
               the
               ancientness
               of
               the
               King's
               Supremacy
               ,
               he
               there
               referreth
               to
               the
               judgment
               of
               Parliament
               declared
               in
               the
               Statute
               of
               24
               
               o.
               H.
               8.
               c.
               12.
               viz.
               
                 That
                 by
                 divers
                 authentick
                 Histories
                 and
                 Chronicles
                 ,
                 it
                 is
                 manifestly
                 declared
                 and
                 expressed
                 ,
                 that
                 this
                 Realm
                 of
              
               England
               
                 is
                 an
                 Empire
                 ,
                 and
                 so
                 hath
                 been
                 accepted
                 in
                 the
                 World
                 govern●…d
                 by
                 one
                 Supreme
                 Head
                 and
                 King
                 ,
              
               &c.
               
                 unto
                 whom
                 a
                 Body-Politick
                 ,
                 compact
                 of
                 all
                 sorts
                 and
                 degrees
                 of
                 People
                 divided
                 in
                 terms
                 and
                 by
                 names
                 of
                 Spiritualty
                 and
                 Temporalty
                 been
                 bounden
                 and
                 owen
                 to
                 beat
                 next
                 unto
                 God
                 ,
                 a
                 natural
                 and
                 humble
                 Obedience
                 ,
              
               &c.
               
               And
               here
               I
               am
               led
               to
               tell
               you
               ,
               that
               as
               it
               is
               on
               this
               Foundation
               of
               the
               King
               's
               being
               the
               
                 Supreme
                 Governor
              
               and
               Ruler
               of
               all
               sorts
               and
               degrees
               of
               men
               thus
               anciently
               acknowledged
               by
               our
               
                 Roman
                 Catholick
              
               forefathers
               ,
               that
               the
               Regal
               Power
               of
               Dispensing
               
               with
               the
               Laws
               that
               were
               Penal
               by
               Incapacity
               ,
               and
               particularly
               in
               order
               to
               the
               Crown
               's
               being
               enabled
               to
               command
               the
               Obedience
               and
               Service
               of
               all
               Estates
               and
               Degrees
               of
               men
               ,
               was
               built
               ,
               so
               it
               is
               on
               the
               same
               that
               the
               Usurpations
               of
               the
               Papal
               Dispensative
               Power
               of
               that
               kind
               were
               opposed
               .
               I
               shall
               before
               we
               part
               give
               you
               instances
               hereof
               .
            
          
           
             
               A.
               
            
             
               I
               thank
               you
               ,
               but
               shall
               here
               tell
               you
               ,
               that
               the
               Expression
               you
               used
               just
               now
               about
               the
               King
               being
               disabled
               by
               his
               Subjects
               being
               so
               ,
               hath
               overcast
               my
               thoughts
               with
               some
               kind
               of
               horror
               .
            
          
           
             
               B.
               
            
             
               I
               cannot
               help
               it
               ;
               but
               if
               you
               will
               have
               me
               speak
               with
               the
               frankness
               of
               a
               Philosopher
               ,
               concerning
               the
               Nature
               of
               things
               ,
               the
               disabling
               of
               the
               Subjects
               must
               have
               that
               effect
               in
               Nature
               ,
               and
               of
               the
               disabling
               of
               their
               Country
               too
               .
               And
               I
               think
               too
               you
               gave
               me
               a
               hint
               for
               some
               such
               thought
               at
               our
               last
               meeting
               .
               If
               you
               do
               but
               consider
               the
               Services
               done
               to
               Monarchs
               by
               that
               abject
               Nation
               of
               the
               Iews
               (
               and
               who
               by
               Tacitus
               were
               call'd
               the
               
                 Vilissima
                 pars
                 servientium
              
               )
               and
               how
               in
               our
               
               Saviour's
               time
               they
               were
               serviceable
               to
               the
               Roman
               Empire
               in
               the
               Collection
               of
               the
               Customs
               ,
               and
               how
               much
               they
               have
               been
               since
               and
               still
               are
               useful
               to
               the
               Grand
               Signior
               ,
               and
               to
               many
               Christian
               Princes
               by
               gathering
               in
               their
               Imposts
               ,
               you
               will
               easily
               imagine
               the
               loss
               that
               would
               redound
               to
               Princes
               by
               Religionary
               Heterodoxy
               disabling
               any
               to
               serve
               them
               .
            
             
               It
               is
               but
               natural
               to
               men
               of
               the
               most
               inquisitive
               and
               penetrating
               thoughts
               to
               differ
               from
               many
               Points
               of
               Theology
               receiv'd
               by
               Princes
               and
               their
               People
               :
               and
               since
               such
               heterodoxy
               doth
               difficult
               their
               access
               to
               Preferment
               ,
               it
               is
               but
               Natural
               to
               them
               by
               their
               working
               Thoughts
               and
               Industry
               to
               arrive
               at
               the
               excelling
               the
               duller
               Orthodox
               in
               whatever
               course
               of
               life
               they
               take
               ,
               and
               by
               that
               means
               to
               try
               to
               push
               on
               their
               way
               into
               their
               
               Prince's
               favour
               ,
               and
               consequently
               to
               have
               very
               sharp
               regrets
               against
               any
               Methods
               that
               would
               incapacitate
               them
               for
               it
               .
            
             
               And
               as
               if
               this
               Civil
               Death
               were
               to
               Men
               of
               great
               Thoughts
               the
               terrible
               of
               terribles
               ,
               and
               what
               as
               hindring
               them
               from
               serving
               their
               Prince
               and
               Country
               were
               like
               Burying
               them
               alive
               ,
               I
               shall
               shew
               you
               how
               a
               Man
               of
               great
               Abilities
               ,
               and
               who
               had
               made
               a
               great
               Figure
               in
               the
               Church
               and
               State
               ,
               resented
               it
               in
               the
               Conjuncture
               of
               A.
               1640.
               
               I
               mean
               Archbishop
               Williams
               ,
               who
               in
               his
               famous
               Speech
               in
               Parliament
               that
               year
               against
               the
               Bill
               that
               afterward
               passed
               into
               a
               Law
               to
               Disable
               Persons
               in
               Holy
               Orders
               from
               exercising
               any
               Temporal
               Jurisdiction
               ,
               doth
               thereupon
               represent
               it
               ,
               that
               
                 under
                 a
              
               CAIN
               '
               
                 s
                 mark
                 an
                 eternal
                 kind
                 of
                 disability
                 or
                 incapacity
                 is
                 laid
                 on
                 them
                 from
                 enjoying
                 hereafter
                 any
                 of
                 those
                 Rights
                 ,
                 Favours
                 ,
                 or
                 Charters
                 of
                 former
                 Princes
                 ,
                 and
                 which
                 is
                 the
                 heaviest
                 Point
                 of
                 all
                 without
                 killing
                 of
              
               Abel
               ,
               
                 or
                 any
                 Crime
                 laid
                 to
                 their
                 charge
                 ,
                 more
                 then
                 that
                 in
                 the
                 beginning
                 of
                 the
                 Bill
                 't
                 is
                 said
                 roundly
                 ,
                 and
                 in
                 the
                 style
                 of
              
               Lacedaemon
               ,
               
                 that
                 they
                 ought
                 not
                 to
                 intermeddle
                 ,
              
               &c.
               
               And
               what
               his
               thoughts
               were
               of
               the
               Injustice
               of
               such
               incapacity
               put
               on
               the
               Clergy
               ,
               and
               of
               the
               odiousness
               of
               that
               Punishment
               of
               incapacity
               ,
               appears
               by
               what
               he
               afterward
               saith
               ,
               
                 viz.
                 I
                 come
                 to
                 the
                 4th
                 part
                 of
                 this
                 Bill
                 ,
                 which
                 is
                 the
                 manner
                 of
                 the
                 inhibition
                 every
                 way
                 heavy
                 in
                 the
                 Penalty
                 ,
                 heavier
                 a
                 great
                 deal
                 in
                 the
                 incapacity
                 .
                 In
                 the
                 weighing
                 the
                 Penalty
                 ,
                 will
                 you
                 consider
                 the
                 small
                 wyers
                 ;
                 that
                 is
                 ,
                 poor
                 Causes
                 that
                 are
                 to
                 induce
                 the
                 same
                 ;
                 and
                 then
                 the
                 heavy
                 load
                 that
                 hangs
                 upon
                 these
                 wyers
                 ?
                 It
                 is
                 thus
                 .
                 If
                 a
                 Natural
                 Subject
                 of
              
               England
               ,
               
                 interessed
                 in
                 the
              
               Magna
               Charta
               and
               Petition
               of
               Right
               ,
               
                 as
                 well
                 as
                 any
                 other
                 ;
                 yet
                 being
                 a
                 Person
                 in
                 Holy
                 Orders
                 shall
                 happen
                 unfortunately
                 to
                 Vote
                 in
                 Parliament
                 ,
                 to
                 obey
                 his
                 Prince
                 by
                 way
                 of
                 Councel
                 ,
                 or
                 by
                 way
                 of
                 a
                 Commissioner
                 be
                 required
                 thereunto
                 ,
                 then
                 is
                 he
                 presently
                 to
                 lose
                 and
                 forfeit
                 for
                 his
                 first
                 offence
                 all
                 his
                 Means
                 and
                 Livelyhood
                 ,
              
               &c.
               
               
                 This
                 Peradventure
                 may
                 move
                 others
                 most
                 ,
                 but
                 it
                 doth
                 not
                 me
                 .
                 It
                 is
                 not
                 the
                 Penalty
                 ,
                 but
                 the
                 Incapacity
                 ,
              
               
               
                 a●…d
                 as
                 the
                 Philosophers
                 would
                 call
                 it
                 ,
                 the
                 Natural
                 impotency
                 imposed
                 by
                 this
                 Bill
                 on
                 men
                 in
                 holy
                 Orders
                 to
                 SERVE
                 the
                 KING
                 ,
                 or
                 the
                 STATE
                 in
                 this
                 kind
                 ,
                 be
                 they
                 otherwise
                 never
                 so
                 able
                 ,
                 or
                 never
                 so
                 willing
                 ,
                 or
                 never
                 so
                 vertuous
                 ,
                 which
                 makes
                 me
                 draw
                 a
                 kind
                 of
              
               Timanthe
               '
               
                 s
                 veil
                 over
                 this
                 Point
                 ,
                 and
                 leave
                 it
                 without
                 any
                 amplification
                 at
                 all
                 to
                 your
                 Lordships
                 wise
                 and
                 inward
                 Thoughts
                 and
                 Considerations
                 .
              
            
             
               But
               if
               with
               so
               much
               thunder
               of
               Passion
               as
               well
               as
               lightning
               of
               reason
               that
               learned
               Speech
               from
               the
               Bishops
               Bench
               did
               so
               much
               resent
               the
               punishing
               the
               Clergy
               with
               disability
               to
               execute
               secular
               Offices
               ,
               and
               to
               have
               the
               honour
               of
               serving
               their
               Prince
               and
               Country
               therein
               ,
               and
               for
               the
               imposing
               of
               which
               disability
               that
               known
               place
               of
               Scripture
               ,
               2
               Tim.
               2.
               4.
               
               
                 No
                 man
                 that
                 wars
                 ,
                 entangles
                 himself
                 with
                 the
                 Affairs
                 of
                 this
                 life
                 ,
              
               was
               alledged
               in
               the
               House
               as
               thus
               disabling
               them
               by
               the
               Law
               Divine
               (
               and
               as
               to
               which
               the
               Bishop
               in
               his
               Speech
               gives
               a
               learned
               Answer
               )
               we
               may
               well
               imagine
               how
               Lay-men
               of
               good
               Births
               and
               Educations
               ,
               and
               whose
               Diligence
               employ'd
               in
               Courts
               and
               Cities
               ,
               and
               Camps
               abroad
               ,
               may
               have
               qualify'd
               them
               here
               to
               
                 stand
                 before
                 Kings
              
               ,
               must
               necessarily
               aggravate
               in
               their
               thoughts
               the
               dishonour
               of
               incapacity
               to
               serve
               their
               Prince
               in
               secular
               Employments
               .
            
          
           
             
               A.
               
            
             
               Was
               that
               Speech
               of
               the
               Archbishop
               ever
               printed
               ?
            
          
           
             
               B.
               
            
             
               You
               will
               find
               it
               in
               the
               
                 Apology
                 for
                 the
                 Bishops
                 to
                 sit
                 and
                 Vote
                 in
                 Parliament
                 ,
              
               printed
               in
               
                 London
                 A.
              
               1661.
               
               And
               he
               hath
               in
               that
               Speech
               some
               other
               Expressions
               which
               corroborate
               that
               obvious
               natural
               notion
               of
               the
               King
               and
               Kingdom
               being
               disabled
               by
               disabling
               of
               Clergy-men
               from
               secular
               Employments
               .
               For
               having
               reflected
               on
               the
               Bill
               for
               disabling
               them
               from
               sitting
               in
               the
               Star-chamber
               and
               at
               the
               Council-table
               ,
               sitting
               in
               Commissions
               of
               the
               Peace
               ,
               and
               other
               Comm●…ssions
               of
               secular
               Affairs
               ,
               he
               afterward
               saith
               ,
               
                 But
                 ,
                 my
                 noble
                 Lords
                 ,
                 this
                 is
                 the
                 Case
                 ;
                 Our
                 King
                 hath
                 by
                 the
              
               Statute
               
                 restored
                 to
                 him
                 the
                 Headship
                 of
                 the
                 Church
                 of
              
               England
               .
               
                 And
                 by
                 the
                 word
                 of
                 God
                 he
                 is
              
               custos
               utriusque
               tabulae
               .
               
                 And
                 will
                 your
                 Lordships
                 allow
                 this
                 ecclesiastical
                 Head
                 no
                 ecclesiastical
                 Senses
                 ?
                 No
                 Ecclesiastical
                 Persons
                 to
                 be
                 censulted
                 with
                 at
                 all
                 ?
                 No
                 not
                 in
                 any
                 Circumstances
                 of
                 time
                 and
                 place
                 ?
                 If
              
               Cramner
               
                 had
                 been
                 thus
                 dealt
                 with
                 in
                 the
                 Minority
                 of
                 our
                 young
              
               J●…sias
               King
               Edward
               the
               6th
               .
               
                 what
                 had
                 become
                 of
                 that
                 great
                 work
                 of
                 our
                 Reformation
                 in
                 this
                 flourishing
                 Church
                 of
              
               England
               ?
            
          
           
             
               A.
               
            
             
               The
               truth
               is
               ,
               it
               being
               a
               kind
               of
               a
               Rule
               that
               all
               Men
               of
               Parts
               who
               have
               been
               liberally
               educated
               ,
               and
               even
               those
               excelling
               in
               mechanical
               professions
               ,
               do
               naturally
               desire
               to
               serve
               the
               King
               ,
               and
               
                 standing
                 before
                 Kings
              
               having
               been
               annext
               in
               Scripture
               as
               a
               reward
               to
               diligence
               in
               ones
               calling
               ;
               a
               Mark
               of
               disability
               put
               on
               Lay-men
               to
               serve
               their
               Prince
               ,
               cannot
               but
               tempt
               them
               to
               passion
               on
               that
               account
               more
               then
               it
               ought
               to
               have
               troubled
               the
               Bishop
               when
               he
               call'd
               it
               a
               
                 Cai●…'s
                 Mark
              
               ,
               in
               regard
               you
               have
               mention'd
               it
               ,
               that
               Clergy-men
               to
               some
               did
               seem
               by
               the
               Law-Divine
               disabled
               from
               secular
               Employments
               .
            
          
           
             
               B.
               
            
             
               According
               to
               the
               Opinion
               of
               
                 Iudge
                 Vaughan
              
               in
               his
               Reports
               ,
               who
               in
               Hill
               and
               
                 Good
                 's
                 Case
              
               there
               makes
               
                 a
                 lawful
                 Canon
                 to
                 be
                 the
                 Law
                 of
                 the
                 Kingdom
                 as
                 well
                 as
                 an
                 Act
                 of
                 Parliament
                 ,
                 and
                 whatever
                 is
                 the
                 Law
                 ,
                 is
                 as
                 much
                 the
                 Law
                 as
                 any
                 thing
                 else
                 that
                 is
                 so
                 ,
                 for
                 what
                 is
                 Law
                 ,
                 doth
                 not
                 suscipere
                 magis
                 aut
                 minus
                 ,
              
               they
               were
               by
               the
               Canon
               Law
               disabled
               from
               intermedling
               in
               secular
               Affairs
               :
               And
               according
               to
               his
               description
               of
               
                 malum
                 prohibitum
              
               in
               
                 Thomas
                 &
                 Sorre●…'s
                 case
              
               p.
               358.
               you
               may
               say
               they
               were
               by
               the
               Statute
               so
               disabled
               from
               intermedling
               .
               For
               he
               there
               saith
               
                 malum
                 prohibitum
                 is
                 that
                 which
                 is
                 prohibited
                 per
                 le
                 statute
                 .
                 Per
                 le
                 statute
                 is
                 not
                 intended
                 only
                 an
                 Act
                 of
                 Parliament
                 ,
                 but
                 any
                 obliging
                 Law
                 or
                 Constitution
                 ,
                 as
                 appears
                 by
                 the
                 Case
                 :
                 for
                 it
                 is
                 said
                 the
                 King
                 may
                 dispense
                 with
                 a
                 Bastard
                 to
                 take
                 Holy
                 Orders
                 ,
                 or
                 with
                 ▪
              
               
               
                 a
                 Clerk
                 to
                 have
                 two
                 Benefices
                 with
                 Cure
                 ,
                 which
                 were
              
               mala
               prohibita
               
                 by
                 the
                 Canon-Law
                 ,
                 and
                 by
                 the
                 Council
                 of
              
               Lateran
               ,
               
                 not
                 by
                 Act
                 of
                 Parliament
              
               .
            
             
               The
               Lateran
               Council
               his
               Lordship
               there
               means
               ,
               is
               that
               held
               under
               Alexander
               the
               
                 3d
                 A.
              
               1180
               ,
               and
               which
               Council
               hath
               it
               in
               these
               words
               ,
               
                 viz.
                 neque
                 servi
                 neque
                 spurii
                 sunt
                 ordinandi
                 :
              
               And
               ,
               
                 uni
                 plura
                 ecclesiastica
                 beneficia
                 non
                 sunt
                 committenda
                 .
              
            
             
               And
               therefore
               the
               Bishop
               in
               that
               Speech
               saith
               ,
               That
               
                 this
                 Doctrine
                 of
                 debarring
                 Persons
                 in
                 Holy
                 Orders
                 from
                 secular
                 Employments
                 ,
                 is
                 the
                 Doctrine
                 of
                 the
                 Popish
                 Church
                 ,
                 and
                 first
                 brought
                 into
                 this
                 Kingdom
                 by
                 the
                 Pop●…s
                 of
              
               Rome
               and
               Lanfrank
               ,
               Anselm
               ,
               Stephen
               Langthon
               ,
               and
               Othobone
               
                 and
                 with
                 an
                 intent
                 to
                 withdraw
                 the
                 Clergy
                 from
                 t●…eir
                 receiving
                 Obligations
                 from
                 either
                 King
                 or
                 Lords
                 ,
                 and
                 make
                 them
                 wholly
                 dependants
                 on
                 the
                 Popacy
                 .
              
            
             
               But
               
                 Bishop
                 Iewel
              
               tells
               us
               in
               his
               Apology
               p.
               122.
               that
               
                 Veteres
                 Canones
                 Apostolorum
                 illum
                 Episcopum
                 ,
                 qui
                 simul
                 &
                 Civilem
                 magistratum
                 ,
                 &
                 ecclesiasticam
                 functionem
                 obire
                 velit
                 ,
                 jubent
                 ab
                 officio
                 summoveri
                 .
              
            
          
           
             
               A.
               
            
             
               Yet
               notwithstanding
               their
               being
               disabled
               by
               the
               antient
               Canons
               ,
               and
               the
               
                 Nemo
                 militans
              
               ,
               &c.
               
               2
               Tim.
               2.
               as
               often
               alledged
               against
               them
               by
               the
               Canons
               and
               Canonists
               ,
               I
               think
               they
               were
               frequently
               employ'd
               by
               our
               Princes
               in
               the
               greatest
               Offices
               of
               the
               State.
               
            
          
           
             
               B.
               
            
             
               They
               were
               so
               ,
               and
               the
               Disability
               of
               a
               whole
               third
               estate
               as
               to
               bearing
               secular
               Offices
               did
               not
               stand
               in
               the
               way
               of
               Prerogative
               .
               I
               have
               read
               it
               in
               
               Fuller's
               Church-History
               that
               in
               the
               year
               1350.
               
                 the
                 Lords
                 and
                 Commons
                 in
                 Parliament
                 did
                 find
                 themselves
                 aggrieved
                 that
                 the
                 Clergy-men
                 engrossed
                 all
                 secular
                 Offices
                 ,
                 and
                 thereupon
                 presented
                 the
                 ensuing
                 Petition
                 to
                 the
                 King
                 according
                 to
                 this
                 effect
                 ,
                 insisting
                 only
                 in
                 the
                 substance
                 thereof
                 ,
              
               viz.
               
            
             
               
                 And
                 because
                 that
                 in
                 this
                 present
                 Parliament
                 it
                 was
              
               
               
                 declared
                 to
                 our
                 Lord
                 the
                 King
                 ,
                 by
                 all
                 the
                 Earls
                 ,
                 Barons
                 and
                 Commons
                 of
              
               England
               ,
               
                 that
                 the
                 Government
                 of
                 the
                 Kingd●…m
                 hath
                 been
                 performed
                 a
                 long
                 time
                 ,
                 by
                 the
                 Men
                 of
                 Holy
                 Church
                 ,
                 which
                 are
                 not
                 justifyable
                 in
                 all
                 Cases
                 ,
                 whereby
                 great
                 mischiefs
                 and
                 damages
                 have
                 happen'd
                 in
              
               
               
                 times
                 past
                 ,
                 and
                 more
                 may
                 happen
                 in
                 time
                 to
                 come
                 ,
                 in
                 disheriting
                 of
                 the
                 Crown
                 and
                 great
                 prejudice
                 of
                 the
                 Kingdom
                 ,
              
               &c.
               
                 that
                 it
                 will
                 please
                 our
                 said
                 Lord
                 the
                 King
                 that
                 the
                 Lay-men
                 of
                 the
                 said
                 Kingdom
                 which
                 are
                 sufficient
                 and
                 able
                 of
                 Estates
                 ,
                 may
                 be
                 chosen
                 for
                 these
                 ,
                 and
                 that
                 no
                 other
                 Person
                 be
                 hereafter
                 made
                 Chancellor
                 ,
                 Treasurer
                 ,
                 Clark
                 of
                 the
                 Privy-Seal
                 ,
                 Barons
                 of
                 the
                 Exchequer
                 ,
                 Chamberlain
                 of
                 the
                 Exchequer
                 ,
                 Comptroller
                 ,
                 and
                 all
                 other
                 great
                 Officers
                 and
                 Governors
                 of
                 the
                 said
                 Kingdom
                 ,
                 and
                 that
                 these
                 things
                 be
                 now
                 in
                 such
                 manner
                 establish'd
                 in
                 form
                 aforesaid
                 that
                 by
                 no
                 way
                 it
                 may
                 be
                 defeated
                 ,
                 or
                 any
                 thing
                 done
                 to
                 the
                 contrary
                 in
                 any
                 time
                 to
                 come
                 ,
                 saving
                 to
                 our
                 Lord
                 the
                 King
                 the
                 Election
                 ,
                 and
                 removing
                 of
                 such
                 Officers
                 ,
                 but
                 that
                 always
                 they
                 be
                 Lay-men
                 ,
                 such
                 as
                 is
                 abovesaid
                 .
              
            
             
               
                 To
                 this
                 Petition
                 the
                 King
                 return'd
                 that
                 he
                 would
                 ordain
                 upon
                 this
                 point
                 ,
                 as
                 it
                 should
                 best
                 seem
                 to
                 him
                 by
                 the
                 advice
                 of
                 his
                 good
                 Council
                 .
              
            
             
               In
               fine
               ,
               you
               see
               that
               tho
               the
               Clergy-men
               were
               thus
               disabled
               by
               the
               general
               Customs
               and
               Usage
               of
               the
               Realm
               ,
               and
               by
               lawful
               Canons
               and
               provincial
               Constitutions
               ,
               accounted
               by
               that
               Iudge
               beforemention'd
               to
               be
               tanta-mount
               to
               Acts
               of
               Parliament
               :
               yet
               you
               ●…ee
               our
               Kings
               did
               frequently
               dispense
               with
               these
               Customs
               ,
               lawful
               Canons
               and
               Constitutions
               .
               And
               tho
               the
               Office
               of
               Bishops
               renders
               them
               guardians
               of
               the
               Canons
               ,
               yet
               you
               see
               how
               tender
               they
               have
               been
               of
               the
               Regal
               power
               of
               Dispensing
               therein
               .
            
             
               And
               as
               that
               saying
               of
               Wicliffe
               ,
               however
               censured
               in
               the
               Council
               of
               Constance
               ,
               may
               perhaps
               with
               a
               little
               help
               be
               reduced
               to
               Orthodoxy
               ,
               
                 viz.
                 That
                 ●…ne
                 should
                 be
                 Excommunicated
                 by
                 any
                 Prelate
                 ,
                 unless
                 he
                 know
                 him
                 Excommunicated
              
               
               
                 by
                 God
              
               ,
               so
               with
               parity
               of
               reason
               it
               may
               be
               said
               ,
               that
               none
               should
               be
               totally
               disabled
               by
               any
               Prince
               from
               serving
               him
               ,
               unless
               he
               knew
               him
               really
               disabled
               by
               God
               ;
               and
               especially
               when
               he
               knew
               the
               contrary
               ,
               and
               that
               the
               Services
               of
               the
               great
               men
               of
               the
               Clergy
               had
               so
               often
               been
               successfully
               employ'd
               at
               the
               Helm
               of
               State
               :
               and
               when
               for
               the
               honour
               of
               Clergy-mens
               Councel
               some
               of
               the
               most
               profound
               pieces
               of
               State-Policy
               our
               English
               Story
               hath
               in
               it
               are
               to
               be
               attributed
               to
               Clergy-mens
               officiating
               in
               their
               Princes
               Councels
               ,
               and
               as
               for
               Example
               ,
               when
               by
               the
               figure
               that
               Bishop
               Morton
               made
               at
               the
               Helm
               ,
               he
               did
               make
               up
               the
               dismal
               breach
               ,
               and
               united
               the
               two
               Houses
               of
               York
               and
               Lancaster
               in
               the
               Happy
               Marriage
               between
               Henry
               the
               7th
               and
               the
               Lady
               Elizabeth
               ,
               a●…
               when
               Bishop
               Fox
               who
               was
               Lord
               Privy
               Seal
               ,
               did
               by
               his
               Advice
               lay
               the
               Foundation
               of
               a
               more
               happy
               Union
               between
               the
               Kingdoms
               of
               England
               and
               Scotland
               ,
               by
               the
               eldest
               Daughter
               of
               Hen●…y
               marrying
               Iames
               of
               Scotland
               ,
               and
               the
               younger
               matching
               into
               France
               ,
               that
               so
               on
               their
               ever
               coming
               to
               inherit
               ,
               Scotland
               might
               be
               annex'd
               to
               the
               Imperial
               Crown
               of
               England
               ,
               and
               England
               not
               be
               annex'd
               as
               a
               Province
               to
               France
               ,
               and
               for
               the
               Consequences
               of
               which
               Advice
               ,
               both
               Englishmen
               ,
               and
               English
               and
               French
               Protestants
               have
               so
               much
               cause
               to
               say
               ,
               
                 We
                 Praise
                 thee
                 ,
                 O
                 God
                 ,
              
               &c.
               
            
             
               And
               I
               am
               here
               minded
               of
               what
               Fuller
               tells
               us
               on
               A.
               14.
               
               H.
               4.
               viz.
               
                 It
                 was
                 moved
                 in
                 Parliament
                 that
                 no
                 Weishman
                 ,
                 Bishop
                 or
                 other
                 ,
                 shall
                 be
                 Iustice
                 ,
                 Chamberlain
                 ,
                 Chancellor
                 ,
                 Treasurer
                 ,
                 Sheriff
                 ,
                 Constable
                 of
                 a
                 a
                 Castle
                 ,
                 or
                 Keeper
                 of
                 Records
                 ,
                 or
                 Lieutenant
                 in
                 the
                 said
                 Office
                 in
                 any
                 part
                 of
                 Wales
                 ,
                 or
                 of
                 Councel
                 to
                 any
                 English
                 Lord
                 ,
                 notwithstanding
                 any
                 Patent
                 made
                 to
                 the
                 contrary
                 ,
              
               Cum
               clausulâ
               non
               obstante
               licet
               Wallicus
               natus
               :
               
                 and
                 that
                 it
                 was
                 answered
                 ,
                 that
                 the
                 King
                 willeth
                 it
                 ,
                 except
                 the
                 Bishops
                 :
                 and
                 for
                 them
                 and
                 others
                 which
                 he
                 hath
                 found
                 good
                 loyal
                 Lieges
                 toward
                 him
                 ,
                 out
                 said
                 Lord
                 the
                 King
                 will
                 be
                 advised
                 by
                 the
                 Advice
                 of
                 his
                 Councel
                 .
                 
                   Ex
                   Rot.
                   Parliamentariis
                   in
                   turri
                   Lond.
                   in
                   hoc
                   Anno
                   :
                
              
               which
               Citation
               Fuller
               professeth
               to
               be
               
                 taken
                 out
                 of
                 the
                 Authentick
                 Records
                 in
                 the
                 Tower.
                 
              
            
             
               There
               passed
               an
               Act
               of
               Parliament
               in
               the
               4th
               year
               of
               Henry
               the
               4th
               ,
               by
               which
               it
               is
               Enacted
               ,
               That
               no
               
                 Welshman
                 shall
                 be
                 Iustice
                 ,
                 Chamberlain
                 .
                 Sheriff
                 ,
                 Coroner
                 ,
                 nor
                 other
                 Officer
                 in
                 any
                 part
                 of
              
               Wales
               ,
               
                 notwithstanding
                 any
                 Patent
                 to
                 the
                 contrary
                 with
                 the
                 Clause
                 of
              
               Non-obstante
               :
               and
               yet
               
                 without
                 Question
              
               (
               saith
               my
               Lord
               Coke
               ,
               12th
               Rep.
               )
               
                 the
                 King
                 might
                 dispense
                 with
                 this
                 Statute
                 :
              
               but
               you
               see
               how
               on
               the
               Parliaments
               resenting
               the
               Dispensations
               the
               Act
               had
               met
               with
               ,
               and
               particularly
               in
               Bishops
               having
               contrary
               to
               the
               tenor
               of
               the
               Act
               served
               the
               Crown
               in
               Secular
               Employments
               ,
               the
               King
               particularly
               adhered
               to
               the
               exercise
               of
               his
               Dispensative
               Power
               in
               their
               Case
               .
            
             
               It
               was
               upon
               the
               ground
               of
               this
               Assertion
               ,
               viz.
               Of
               the
               
               Crown
               's
               being
               entitled
               to
               Command
               the
               Services
               of
               all
               Subjects
               ,
               that
               some
               Papists
               were
               employ'd
               by
               Queen
               Elizabeth
               in
               Affairs
               of
               the
               State
               ,
               notwithstanding
               any
               disability
               incurr'd
               by
               not
               taking
               the
               Oath
               of
               Supremacy
               .
               And
               Viscount
               Montacute
               ,
               tho
               a
               
                 Roman
                 Catholick
              
               ,
               was
               (
               as
               Cambden
               tells
               you
               )
               sent
               by
               her
               as
               her
               Embassadour
               to
               the
               King
               of
               Spain
               ,
               and
               employ'd
               too
               about
               the
               Business
               of
               the
               Scots
               ,
               and
               to
               do
               right
               to
               the
               Protestant
               Religion
               .
               Sir
               
                 Edward
                 Carne
              
               ,
               likewise
               a
               
                 Roman
                 Catholick
              
               ,
               was
               sent
               by
               her
               as
               her
               Embassador
               to
               the
               Pope
               .
            
             
               And
               as
               to
               the
               sense
               of
               many
               of
               that
               
               Queen's
               most
               renowned
               Ministers
               of
               State
               about
               the
               Deprivation
               of
               the
               Nonconformist
               Divines
               disabled
               
                 eo
                 Nomine
              
               from
               their
               Ministry
               ,
               being
               Penal
               to
               the
               People
               ,
               the
               Author
               of
               
                 certain
                 Considerations
                 tending
                 to
                 promote
                 peace
                 and
                 good
                 will
                 among
                 Protestants
                 ,
              
               hath
               mention'd
               it
               ,
               that
               Eight
               of
               that
               
                 Queens
                 Privy
                 Councellors
              
               writ
               a
               Letter
               in
               
               their
               favour
               to
               the
               Bishops
               of
               Canterbury
               and
               London
               ,
               in
               the
               close
               whereof
               't
               is
               said
               ,
               
                 viz.
                 Now
                 therefore
                 we
                 for
                 the
                 Discharge
                 of
                 our
                 Duties
                 ,
                 being
                 by
                 our
                 Vocation
                 under
                 her
                 Majesty
                 bound
                 to
                 be
                 careful
                 that
                 the
                 Universal
                 Realm
                 may
                 be
                 well
                 govern'd
                 according
                 to
                 the
                 Honor
                 and
                 Glory
                 of
                 God
                 ,
                 and
                 to
                 the
                 discharge
                 of
                 her
                 Majesty
                 being
                 the
                 Principal
                 GOVERNOR
                 of
                 ALL
                 her
                 SUBIECTS
                 under
                 Almighty
                 God
                 ,
                 do
                 most
                 earnestly
                 desire
                 your
                 Lordships
                 to
                 take
                 some
                 charitable
                 Considerations
                 of
                 these
                 Causes
                 that
                 the
                 PEOPLE
                 of
                 THIS
                 Realm
                 may
                 not
                 be
                 DEPRIVED
                 of
                 their
                 Pastors
                 being
                 Diligent
                 ,
                 Learned
                 and
                 Zealous
                 ,
                 tho
                 in
                 some
                 Points
                 Ceremonial
                 they
                 may
                 seem
                 doubtful
                 only
                 of
                 Conscience
                 ,
                 and
                 not
                 of
                 wilfulness
                 ,
              
               &c.
               
               
                 Tour
                 Lordships
                 loving
                 Friends
              
               William
               Burghly
               ,
               George
               Shrewsbury
               ,
               A.
               ●…rwick
               ,
               R.
               Leic●…ster
               ,
               C.
               Howard
               ,
               J.
               Crofts
               ,
               Chr.
               Hatton
               ,
               Fra.
               Walsingham
               .
            
             
               And
               what
               sense
               the
               House
               of
               Commons
               had
               in
               the
               beginning
               of
               the
               Reign
               of
               King
               Iames
               the
               First
               ,
               of
               the
               Disabling
               of
               several
               of
               the
               Nonconformist
               Divines
               being
               a
               Gravamen
               to
               the
               Realm
               ,
               appears
               by
               the
               Petition
               of
               that
               House
               to
               the
               King
               ,
               Anno
               1610.
               as
               I
               find
               it
               in
               Mr.
               
               Nye's
               
                 Beams
                 of
                 former
                 Light
              
               ,
               p.
               103.
               viz.
               
                 Whereas
                 divers
                 painful
                 and
                 learned
                 Pastors
                 that
                 have
                 long
                 time
                 travell'd
                 in
                 the
                 work
                 of
                 the
                 Ministry
                 with
                 good
                 Fruit
                 and
                 Blessing
                 of
                 their
                 Labour
                 have
                 been
                 removed
                 from
                 Ecclesiastical
                 livings
                 ,
                 being
                 their
                 free-hold
                 ,
                 and
                 from
                 all
                 means
                 of
                 maintenance
                 ,
                 to
                 the
                 great
                 grief
                 of
                 sundry
                 your
                 Majesty's
                 well-affected
                 Subjects
                 ,
                 we
                 therefore
                 humbly
                 beseech
                 your
                 Majesty
                 would
                 be
                 graciously
                 pleas'd
                 that
                 such
                 deprived
                 and
                 silenced
                 Ministers
                 living
                 quietly
                 and
                 peaceably
                 ,
                 may
                 be
                 restored
                 ,
              
               &c.
               
            
             
               But
               ,
               in
               short
               ,
               if
               you
               consider
               that
               the
               great
               Cause
               that
               excited
               the
               Loyal
               Zeal
               express'd
               in
               the
               Statute
               of
               the
               First
               of
               Queen
               Elizabeth
               (
               and
               whereby
               so
               many
               Statutes
               of
               Harry
               the
               8th
               against
               the
               Papal
               ●…pations
               were
               revived
               )
               was
               that
               the
               King
               and
               Kingdom
               might
               not
               be
               disabled
               by
               Clergy-mens
               not
               being
               Subjects
               to
               the
               Crown
               through
               Papal
               Exemptions
               ,
               and
               that
               the
               Crown
               might
               
                 Cum
                 effectu
              
               be
               restored
               to
               its
               Government
               over
               them
               ,
               
                 i.
                 e.
              
               of
               the
               whole
               Realm
               ,
               and
               that
               our
               Monarchs
               should
               by
               means
               of
               such
               Exemption
               be
               no
               more
               disabled
               from
               being
               Governors
               only
               IN
               their
               Realm
               ,
               and
               not
               
                 OF
                 it
              
               (
               and
               as
               when
               the
               Right
               of
               two
               Persons
               claiming
               to
               be
               Princes
               of
               Tuscany
               was
               before
               the
               
               Pope's
               Arbitrage
               ▪
               he
               determin'd
               that
               one
               of
               them
               should
               be
               A
               
                 Prince
                 IN
                 Tuscany
              
               and
               the
               other
               
                 O●…
                 it
              
               ,
               )
               you
               will
               find
               that
               this
               Supreme
               Power
               over
               all
               Persons
               ,
               as
               inherent
               in
               the
               King
               ,
               is
               the
               very
               
                 Lapis
                 Angularis
              
               on
               which
               your
               Abjuration
               of
               
                 foreign
                 Iurisdiction
              
               ,
               and
               on
               which
               the
               whole
               Promissory
               part
               of
               your
               Oath
               are
               built
               .
               For
               when
               you
               have
               first
               declared
               in
               your
               Oath
               that
               
                 the
                 King
                 is
                 the
                 only
                 Supreme
                 Governor
                 of
                 this
                 Realm
                 ,
                 as
                 well
                 in
                 all
                 Spiritual
                 or
                 Ecclesiastical
                 things
                 or
                 Causes
                 ,
                 as
                 Temporal
                 ,
              
               and
               then
               what
               followeth
               upon
               that
               ,
               
                 viz.
                 That
                 no
                 foreign
                 Prince
                 ,
                 Person
                 ,
                 Prelate
                 ,
                 State
                 ,
                 or
                 Potentate
                 ,
                 hath
                 or
                 ought
                 to
                 have
                 any
                 Iurisdiction
                 ,
                 Power
                 ,
                 Superiority
                 ,
                 Preheminence
                 or
                 Authority
                 Ecclesiastical
                 ,
                 or
                 Spiritual
                 within
                 this
                 Realm
                 ,
              
               you
               say
               ,
               
                 And
                 THEREFORE
                 I
                 do
                 ●…tterly
                 renounce
                 and
                 forsake
                 a●…l
                 foreign
                 Iurisdictions
                 ,
              
               &c.
               
               
                 And
                 do
                 promise
                 that
                 from
                 henceforth
                 I
                 shall
                 bear
                 Faith
                 and
                 true
                 Allegiance
                 to
                 the
                 King's
                 Highness
                 ,
              
               &c.
               
                 and
                 to
                 my
                 Power
                 shall
                 assist
                 and
                 defend
                 all
                 Iurisdictions
                 ,
              
               &c.
               
                 granted
                 or
                 belonging
                 to
                 the
                 King's
                 Highness
                 ,
              
               &c.
               
                 or
                 united
                 and
                 annex'd
                 to
                 the
                 Imperial
                 Crown
                 of
                 this
                 Realm
                 ▪
              
               Thus
               then
               the
               Reason
               why
               you
               abjure
               foreign
               Jurisdiction
               (
               
                 for
                 you
                 ABIURE
                 when
                 you
                 swear
                 to
                 quit
                 and
                 forsake
                 ,
              
               as
               Mr.
               Nye
               in
               his
               Observations
               on
               that
               Oath
               tells
               us
               )
               and
               why
               you
               promise
               to
               
                 assist
                 and
                 defend
                 all
                 Iurisdictions
                 granted
                 or
                 belonging
                 to
                 the
                 King
              
               whose
               Subject
               you
               are
               )
               is
               resolved
               into
               the
               Kings
               being
               the
               
                 only
                 Supreme
                 Governor
              
               of
               this
               Realm
               ,
               as
               well
               in
               all
               Spiritual
               or
               Ecclesiastical
               things
               or
               Causes
               as
               Temporal
               .
            
             
             
               I
               am
               here
               further
               to
               tell
               you
               that
               when
               by
               your
               Oath
               you
               have
               renounced
               the
               Pope's
               Dispensative
               Power
               ;
               you
               have
               asserted
               ,
               and
               have
               obliged
               your self
               to
               defend
               the
               Jurisdiction
               of
               the
               King
               's
               Dispensative
               Power
               in
               the
               room
               of
               it
               :
               and
               the
               defence
               of
               which
               was
               the
               great
               design
               and
               drift
               of
               the
               entire
               Statute
               of
               1
               
               o.
               Eliz.
               and
               of
               your
               Oath
               therein
               ,
               and
               no
               collateral
               thing
               .
            
          
           
             
               A.
               
            
             
               I
               have
               been
               and
               am
               pleas'd
               with
               that
               Prospect
               you
               have
               given
               me
               into
               the
               Region
               of
               the
               Dispensative
               Power
               used
               by
               the
               Crown
               in
               the
               Interpretation
               of
               my
               Oath
               ,
               a
               Region
               that
               was
               before
               to
               me
               like
               the
               
                 terra
                 Australis
                 &
                 Borealis
                 incognita
              
               :
               but
               (
               to
               deal
               frankly
               with
               you
               )
               I
               am
               yet
               to
               seek
               out
               the
               meaning
               of
               this
               notion
               last
               ●…rted
               by
               you
               ,
               that
               the
               drift
               and
               design
               of
               the
               Statute
               of
               1
               
               o.
               Elizabethae
               ,
               and
               the
               Oath
               was
               to
               prop
               up
               the
               King
               's
               Dispensative
               Power
               .
               I
               doubt
               not
               but
               you
               are
               perfectly
               sensible
               that
               he
               who
               speaks
               to
               that
               tender
               thing
               call'd
               Conscience
               ,
               and
               about
               an
               Oath
               ,
               ought
               to
               be
               tender
               of
               any
               point
               he
               urgeth
               to
               it
               ,
               and
               not
               to
               wyre-draw
               any
               thing
               by
               forced
               Consequences
               that
               is
               to
               be
               offered
               to
               it
               as
               Obligatory
               .
            
          
           
             
               B.
               
            
             
               I
               assure
               you
               I
               go
               by
               those
               very
               measures
               in
               giving
               you
               my
               Judgment
               of
               the
               design
               and
               drift
               of
               that
               Statute
               as
               I
               have
               done
               ,
               and
               that
               he
               must
               put
               the
               Statute
               on
               the
               wrack
               that
               will
               make
               it
               speak
               any
               other
               meaning
               .
               Consider
               what
               the
               Prefatory
               part
               ,
               as
               the
               key
               of
               it
               mentions
               ,
               
                 viz.
                 
                   That
                   divers
                   good
                   Laws
                   and
                   Statutes
                   that
                   were
                   made
                
              
               in
               Henry
               
                 the
                 Eighth's
                 time
                 as
                 well
                 for
                 the
                 utter
                 extinguishment
                 and
                 putting
                 away
                 of
                 all
                 Usurped
                 and
                 Foreign
                 Power
                 ,
              
               &c.
               
                 as
                 also
                 for
                 the
                 restoring
                 and
                 uniting
                 to
                 the
                 Imperial
                 Crown
                 of
                 this
                 Realm
                 ,
                 the
                 ancient
                 Iurisdictions
                 ,
              
               &c.
               
                 to
                 the
                 same
                 of
                 Right
                 belonging
                 ,
                 by
                 reason
                 whereof
                 we
                 your
                 most
                 humble
                 and
                 obedient
                 Subjects
                 from
                 the
                 25th
                 year
                 of
                 the
                 Reign
                 of
                 your
                 said
                 dear
                 Father
                 were
                 continually
                 kept
                 in
                 good
                 order
                 ,
                 and
                 were
                 disburden'd
                 of
                 divers
                 great
                 and
                 intolerable
                 Charges
                 and
                 Exactions
                 before
                 that
                 time
                 unlawfully
                 taken
                 and
                 exacted
                 by
                 such
                 Foreign
                 Power
                 and
                 Authority
                 as
                 before
                 that
                 was
                 usurped
                 ,
                 until
                 such
                 time
                 as
                 all
                 the
                 said
                 good
                 Laws
                 and
                 Statutes
                 by
                 one
                 Act
                 of
                 Parliament
                 made
                 in
                 the
                 first
                 and
                 second
                 years
                 of
                 the
                 Reigns
                 of
                 the
                 late
                 King
              
               Philip
               
                 and
                 Queen
              
               Mary
               ,
               
                 &c.
                 
                   were
                   repeai'●…
                
                 :
              
               by
               reason
               whereof
               they
               then
               further
               mention
               how
               they
               
                 were
                 then
                 brought
                 under
                 an
                 Usurped
                 Foreign
                 Authority
                 to
                 their
                 intolerable
                 Charges
                 ,
              
               and
               they
               thereupon
               desire
               the
               Repealing
               of
               that
               Act.
               Here
               we
               are
               given
               to
               see
               by
               their
               dating
               the
               aera
               of
               their
               being
               well
               govern'd
               and
               disburthen'd
               of
               divers
               great
               intolerable
               Charges
               and
               Exactions
               taken
               and
               exacted
               by
               Foreign
               Power
               ,
               from
               the
               25th
               of
               Henry
               the
               8th
               ,
               and
               had
               their
               eye
               on
               the
               Statute
               of
               the
               25th
               of
               Henry
               the
               8th
               ,
               c.
               21.
               entituled
               ,
               
                 No
                 Imposition
                 shall
                 be
                 paid
                 to
                 the
                 Bishop
                 of
              
               Rome
               ,
               which
               sets
               forth
               how
               
                 the
                 Subjects
                 of
                 this
                 Realm
                 were
                 impoverish'd
                 by
                 intolerable
                 Exactions
                 of
                 great
                 Sums
                 of
                 Money
                 taken
                 out
                 of
                 this
                 Realm
                 by
                 the
                 Bishop
                 of
              
               Rome
               
                 as
                 well
                 in
                 Pensions
                 ,
                 Censes
                 ,
                 Suits
                 for
                 Provisions
                 and
                 Expeditions
                 of
                 Bulls
                 ,
              
               &c.
               
                 and
                 also
                 for
                 Dispensations
                 ,
                 Licences
                 ,
                 Faculties
                 ,
                 Grants
                 ,
                 Relaxations
                 ,
                 Writs
                 call'd
              
               Perinde
               valere
               ,
               
                 Rehabilitations
                 ,
                 Abolitions
                 ,
                 and
                 other
                 infinite
                 sorts
                 of
                 Bulls
                 ,
                 Breves
                 and
                 Instruments
                 of
                 sundry
                 Natures
                 ,
              
               &c.
               
                 wherein
                 the
                 Bishop
                 of
              
               Rome
               
                 hath
                 been
                 not
                 only
                 to
                 be
                 blamed
                 for
                 his
                 Usurpation
                 in
                 the
                 Premisses
                 ,
                 but
                 also
                 for
                 his
                 abusing
                 and
                 beguiling
                 your
                 Subjects
                 ,
                 pretending
                 and
                 persuading
                 them
                 that
                 he
                 hath
                 Power
                 to
                 Dispense
                 with
                 all
                 Humane
                 Laws
                 ,
                 Uses
                 and
                 Customs
                 of
                 all
                 Realms
                 in
                 all
                 Causes
                 which
                 be
                 call'd
                 Spiritual
                 ,
                 which
                 matter
                 hath
                 been
                 usurped
                 and
                 practised
                 by
                 him
                 and
                 his
                 Predecessors
                 by
                 many
                 years
                 ,
                 in
                 great
                 de●…gation
                 of
                 your
                 Imperial
                 Crown
                 and
                 Authority
                 Royal
                 ,
                 contrary
                 to
                 Right
                 and
                 Conscience
                 .
                 For
                 where
                 this
                 your
                 Graces
                 Realm
                 recognizing
                 no
                 Superior
                 under
              
               
               
                 God
                 ,
                 but
                 only
                 your
                 Grace
                 ,
                 hath
                 been
                 and
                 is
                 free
                 from
                 Subjection
                 to
                 any
                 mans
                 Laws
                 ,
                 but
                 only
                 to
                 such
                 as
                 have
                 been
                 devised
                 ,
                 made
                 and
                 obtained
                 within
                 this
                 Realm
                 for
                 the
                 Wealth
                 of
                 the
                 same
                 ,
                 or
                 to
                 such
                 other
                 as
                 by
                 SUFFERANCE
                 of
                 your
                 GRACE
                 and
                 your
                 Progenitors
                 ,
                 the
                 People
                 of
                 this
                 your
                 Realm
                 have
                 taken
                 at
                 their
                 free
                 liberty
                 by
                 their
                 own
                 Consent
                 to
                 be
                 used
                 among
                 them
                 ,
                 and
                 have
                 bound
                 themselves
                 by
                 long
                 Use
                 and
                 Custom
                 to
                 the
                 observance
                 of
                 the
                 same
                 ,
                 not
                 as
                 to
                 the
                 observance
                 of
                 the
                 Laws
                 of
                 any
                 Foreign
                 Prince
                 ,
                 Potentate
                 or
                 Prelate
                 ,
                 but
                 as
                 to
                 the
                 Customes
                 and
                 ancient
                 Laws
                 of
                 this
                 Realm
                 ,
                 originally
                 establish
                 d
                 Laws
                 of
                 the
                 same
                 by
                 the
                 same
                 Sufferance
                 ,
                 Consents
                 ,
                 and
                 Custom
                 ,
                 and
                 none
                 otherwise
                 ;
                 it
                 standeth
                 therefore
                 with
                 natural
                 equity
                 and
                 good
                 reason
                 ,
                 that
                 in
                 all
                 and
                 every
                 such
                 Laws
                 HUMANE
                 made
                 within
                 this
                 Realm
                 ,
                 or
                 induced
                 into
                 this
                 Realm
                 by
                 the
                 said
                 Sufferance
                 ,
                 Consents
                 and
                 Custom
                 ,
                 your
                 Royal
                 Majesty
                 and
                 your
                 Lords
                 Spiritual
                 and
                 Temporal
                 and
                 Commons
                 ,
              
               &c.
               
                 have
                 full
                 Power
                 and
                 Authority
                 not
                 only
                 to
                 dispense
                 but
                 also
                 to
                 authorize
                 some
                 elect
                 Person
                 or
                 Persons
                 to
                 dispense
                 with
                 those
                 and
                 all
                 other
                 humane
                 Laws
                 of
                 this
                 your
                 Realm
                 ,
                 and
                 with
                 every
                 one
                 of
                 them
                 ,
                 as
                 the
                 quality
                 of
                 the
                 Persons
                 and
                 Matter
                 shall
                 require
                 .
              
               And
               the
               Act
               afterward
               mentions
               the
               impoverishment
               of
               the
               People
               of
               this
               Realm
               by
               the
               Imposts
               for
               Papal
               Dispensations
               ,
               and
               refers
               twice
               to
               the
               Charges
               of
               the
               
                 taxa
                 Camerae
              
               ,
               calling
               them
               expresly
               in
               one
               place
               ,
               
                 Impositions
                 taken
                 to
                 the
                 use
                 of
                 the
                 Pope
                 and
                 his
                 Chambers
              
               ;
               and
               in
               another
               ,
               the
               
                 old
                 Tax
              
               .
               And
               at
               the
               removal
               of
               these
               
                 intolerable
                 Charges
              
               ,
               as
               they
               are
               call'd
               in
               that
               of
               the
               Statute
               of
               1
               o
               Eliz.
               or
               
                 intolerable
                 Exactions
              
               ,
               as
               they
               are
               call'd
               in
               the
               25th
               of
               Henry
               the
               8th
               ;
               that
               of
               the
               First
               of
               Elizabeth
               (
               as
               I
               said
               )
               had
               an
               eye
               in
               the
               revival
               of
               this
               of
               Henry
               the
               8th
               ;
               and
               the
               Consideration
               of
               which
               Statute
               will
               be
               of
               importance
               to
               us
               as
               to
               that
               part
               of
               our
               Promissory
               Oath
               that
               refers
               to
               our
               defending
               the
               Iurisdictions
               ,
               &c.
               
                 united
                 and
                 annex'd
                 to
                 the
                 Imperial
                 Crown
                 of
                 this
                 Realm
              
               ;
               that
               Statute
               of
               Henry
               the
               8th
               having
               in
               its
               Prefatory
               part
               express'd
               the
               Pope's
               dispensing
               here
               to
               be
               in
               derogation
               of
               the
               King
               's
               Imperial
               Crown
               and
               Authority
               Royal
               ,
               and
               there
               afterwards
               mentions
               how
               the
               Imperial
               Crown
               of
               this
               Realm
               suffer'd
               by
               those
               Papal
               Exactions
               .
               And
               the
               Preface
               of
               the
               Statute
               of
               1
               o
               Eliz.
               refers
               in
               general
               to
               
                 divers
                 good
                 Statutes
              
               made
               in
               Henry
               the
               8th's
               time
               ,
               for
               the
               
                 Restoring
                 and
                 uniting
                 ▪
                 to
                 the
                 Imperial
                 Crown
                 of
                 this
                 Realm
                 the
                 Iurisdictions
                 ,
                 Authorities
                 to
                 the
                 same
                 of
                 Right
                 belonging
                 ▪
              
               and
               which
               ushers
               in
               the
               reference
               to
               the
               Statute
               of
               the
               25th
               of
               Henry
               the
               8th
               :
               and
               then
               in
               the
               following
               Clause
               't
               is
               said
               ,
               
                 that
                 for
                 the
                 repressing
                 of
                 the
                 usurped
                 Foreign
                 Power
                 ,
                 and
                 the
                 restoring
                 the
                 Rights
                 ,
                 Iurisdictions
                 and
                 Preheminences
                 belonging
                 to
                 the
                 Imperial
                 Crown
                 of
                 this
                 Realm
                 ,
              
               &c.
               
            
             
               Thus
               then
               you
               see
               that
               I
               have
               fairly
               shew'd
               you
               out
               of
               this
               Statute
               of
               Queen
               Elizabeth
               ,
               where
               your
               Oath
               is
               situated
               ,
               that
               the
               Restoration
               of
               the
               Ancient
               Jurisdiction
               of
               the
               Crown
               in
               dispensing
               ,
               was
               restored
               to
               the
               Imperial
               Crown
               of
               this
               Realm
               ,
               the
               which
               the
               Pope
               had
               formerly
               usurped
               on
               in
               Matters
               both
               Ecclesiastical
               and
               Civil
               ,
               and
               which
               you
               are
               obliged
               to
               defend
               against
               any
               Papal
               or
               Popular
               Usurpations
               whatsoever
               .
               I
               was
               enforced
               for
               your
               clearer
               understanding
               of
               this
               Statute
               to
               conduct
               you
               to
               the
               25th
               of
               Henry
               the
               8th
               ,
               and
               where
               you
               find
               several
               Expressions
               that
               make
               it
               the
               right
               of
               the
               Imperial
               Crown
               of
               this
               Realm
               to
               dispense
               with
               the
               disability
               or
               incapacity
               incurr'd
               by
               Law.
               You
               have
               there
               the
               word
               REHABILITATION
               ,
               and
               what
               is
               called
               there
               the
               Writ
               of
               
                 Perinde
                 valere
              
               ,
               which
               Blount
               tells
               you
               in
               his
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               is
               a
               
                 Dispensation
                 granted
                 to
                 a
                 Clerk
                 ,
                 who
                 being
                 defective
                 in
                 his
                 title
                 to
                 a
                 Benefice
                 ,
                 or
                 other
                 Ecclefiastical
                 Function
                 is
              
               de
               facto
               
                 admitted
                 to
                 it
                 .
                 And
                 it
                 takes
                 Appellation
                 from
                 the
                 words
                 ,
                 which
                 make
                 the
              
               faculty
               
                 as
                 Effectual
                 to
                 the
                 party
                 DISPENS'D
                 WITH
                 ,
                 as
                 if
                 he
              
               
               
                 had
                 been
                 actually
                 CAPABLE
                 of
                 the
                 thing
                 for
                 which
                 he
                 is
                 dispens'd
                 with
                 at
                 the
                 time
                 of
                 his
                 Admission
                 .
              
               A.
               25.
               
               H.
               the
               8th
               ,
               
                 it
                 is
                 call'd
                 a
                 Writ
              
               .
            
             
               You
               have
               in
               your
               Oath
               acknowledg'd
               the
               Crown
               of
               this
               Realm
               to
               be
               a
               Crown
               Imperial
               ,
               and
               if
               you
               had
               not
               by
               the
               Comparing
               the
               two
               Statutes
               together
               ,
               found
               that
               the
               Power
               of
               Rehabilitation
               of
               Persons
               disabled
               was
               restored
               and
               united
               to
               the
               Crown
               ,
               as
               what
               was
               anciently
               due
               to
               it
               ,
               and
               used
               by
               it
               ;
               yet
               on
               the
               Consideration
               of
               the
               Crown
               here
               being
               call'd
               Imperial
               ,
               and
               of
               its
               being
               a
               
                 res
                 judicata
              
               among
               all
               that
               write
               of
               the
               Power
               of
               such
               Crowns
               that
               a
               Dispensation
               with
               Persons
               in
               this
               kind
               ,
               is
               allow'd
               them
               as
               one
               of
               the
               
                 jura
                 Majestatis
              
               ,
               you
               ought
               by
               virtue
               of
               your
               Oath
               to
               be
               very
               careful
               how
               you
               deny
               this
               mark
               of
               Soveraignty
               to
               the
               Imperial
               Crown
               of
               this
               Realm
               which
               you
               see
               wants
               none
               of
               the
               other
               .
            
             
               I
               think
               I
               have
               now
               let
               you
               see
               that
               I
               have
               here
               put
               no
               forced
               or
               wyre-drawn
               Consequences
               on
               you
               ,
               and
               would
               hate
               to
               do
               any
               thing
               of
               that
               Nature
               in
               common
               Discourse
               ,
               and
               about
               a
               common
               or
               trivial
               matter
               ,
               and
               much
               more
               in
               the
               concern
               of
               an
               Oath
               .
               You
               know
               I
               have
               often
               prais'd
               that
               Letter
               in
               D'Ossal
               where
               he
               reflects
               on
               some
               Men
               thus
               ,
               viz.
               
                 Le
                 sont
                 gens
                 d'esprit
                 ,
                 de
                 scavoir
                 &
                 de
                 labeur
                 ,
                 qui
                 ●…ont
                 forgè
                 ,
                 mais
                 de
                 fort
                 ma●…vaise
                 foy
                 ,
                 ne
                 faīsans
                 Conscience
                 ,
                 &
                 n'
                 ayans
                 honte
                 de
                 traitter
                 un
                 cas
                 de
                 Conscience
                 ,
                 &
                 si
                 important
                 a
                 la
                 Religion
                 Catholique
                 &
                 a
                 toute
                 la
                 Chrestiente
                 ,
                 en
                 chichaneurs
                 &
                 sophistes
                 .
              
            
             
               But
               further
               yet
               to
               let
               you
               see
               that
               in
               minding
               you
               in
               point
               of
               Conscience
               ,
               and
               by
               virtue
               of
               this
               your
               Oath
               ;
               duly
               to
               prop
               up
               the
               Regal
               Power
               of
               Dispensing
               with
               Incapacity
               ,
               I
               put
               no
               wyre-drawn
               Consequences
               upon
               you
               ,
               and
               do
               with
               the
               simplicity
               that
               becomes
               a
               Christian
               speak
               to
               you
               
                 ex
                 animo
              
               ,
               I
               shall
               again
               give
               you
               the
               Iudgment
               of
               Parliament
               in
               the
               Case
               ,
               and
               to
               that
               end
               shall
               first
               direct
               you
               to
               the
               Statute
               of
               37
               
               o.
               H.
               8.
               c.
               17.
               that
               begins
               ,
               
                 In
                 most
                 humble
                 wise
                 shew
                 and
                 declare
                 to
                 your
                 Highness
                 your
                 most
                 faithful
                 ,
                 humble
                 and
                 obedient
                 Subjects
                 ,
                 that
                 where
                 your
                 most
                 Royal
                 Majesty
                 is
                 and
                 hath
                 always
                 justly
                 been
                 by
                 THE
                 WORD
                 OF
                 God
                 ,
                 supreme
                 head
                 in
                 the
                 Earth
                 of
                 the
                 Church
                 of
              
               England
               ,
               
                 and
                 hath
                 full
                 Power
                 and
                 Authority
                 to
                 correct
                 ,
                 punish
                 ,
                 and
                 repress
                 all
                 manner
                 of
                 Heresies
                 ,
                 Errors
                 ,
                 Uices
                 ,
              
               &c.
               
                 and
                 to
                 exercise
                 all
                 other
                 manner
                 of
                 Iurisdictions
                 commonly
                 call'd
                 Ecclesiastical
                 Iurisdiction
                 ,
                 nevertheless
                 the
                 Bishop
                 of
              
               Rome
               
                 and
                 his
                 adherents
                 minding
                 utterly
                 as
                 much
                 as
                 in
                 him
                 lay
                 to
                 abolish
                 ,
                 obscure
                 ,
                 and
                 delete
                 such
                 Power
                 given
                 by
                 God
                 to
                 the
                 Princes
                 of
                 the
                 Earth
                 ,
                 whereby
                 they
                 might
                 gather
                 ,
                 and
                 get
                 to
                 themselves
                 the
                 Government
                 and
                 Rule
                 of
                 the
                 World
                 ,
                 have
                 in
                 their
                 Councils
                 and
                 Synods
                 Provincial
                 made
                 divers
                 Ordinances
                 and
                 Constitutions
                 that
                 no
                 LAY
                 or
                 Married
                 man
                 should
                 or
                 might
                 exercise
                 any
                 Iurisdiction
                 Ecclesiastical
                 ,
                 nor
                 should
                 be
                 any
                 Iudge
                 or
                 Register
                 in
                 any
                 Court
                 commonly
                 call'd
                 Ecclesiastical
                 Court
                 ,
              
               &c.
               
                 as
                 by
                 the
                 said
                 Councils
                 and
                 Constitutions
                 Provincial
                 appeareth
                 ,
                 which
                 standing
                 and
                 remaining
                 in
                 their
                 effect
                 not
                 abolish'd
                 by
                 your
                 Grace's
                 Laws
                 ,
                 did
                 sound
                 to
                 appear
                 to
                 make
                 greatly
                 for
                 the
                 said
                 usurp'd
                 Power
                 of
                 the
                 Bishop
                 of
              
               Rome
               ,
               
                 and
                 to
                 be
                 directly
                 repugnant
                 to
                 your
                 Majesty
                 as
                 Supreme
                 Head
                 of
                 the
                 Church
                 ,
                 and
                 Prerogative
                 royal
                 ,
                 your
                 GRACE
                 being
                 a
                 LAY-MAN
                 ,
                 and
                 albeit
                 the
                 said
                 Decrees
                 ,
                 Ordinances
                 and
                 Constitutions
                 by
                 a
                 Statute
                 made
                 in
                 the
              
               25th
               
                 year
                 of
                 your
                 Reign
                 be
                 utterly
                 abolish'd
                 ,
              
               &c.
               
               
                 But
                 forasmuch
                 as
                 your
                 Majesty
                 is
                 the
                 only
                 and
                 undoubted
                 Supreme
                 Head
                 of
                 the
                 Church
                 of
              
               England
               ,
               
                 and
                 also
                 of
              
               Ireland
               ,
               
                 to
                 whom
                 BY
                 HOLY
                 SCRIPTURE
                 all
                 Authority
                 and
                 Power
                 is
                 wholly
                 given
                 to
                 hear
                 and
                 determine
                 all
                 manner
                 of
                 Causes
                 Ecclesiastical
                 ,
                 and
                 to
                 correct
                 Uice
                 and
                 Sin
                 whatsoever
                 .
              
               and
               
                 TO
                 ALL
                 SUCH
                 PERSONS
                 AS
                 YOUR
                 MAIESTY
                 SHALL
                 APPOINT
                 THEREUNED
                 ,
                 that
                 in
                 Consideration
                 thereof
                 ,
                 as
                 well
                 for
                 the
                 Instruction
                 of
                 Ignorant
                 Persons
                 ,
              
               &c.
               
               
                 and
                 setting
                 forth
                 of
                 your
                 Prerogative
                 Royal
                 and
                 Supremacy
                 :
                 It
                 may
                 therefore
                 please
                 your
                 Highness
                 ,
                 that
                 it
                 may
                 be
                 Ordain'd
                 and
                 Enacted
                 ,
                 that
                 all
                 and
                 singular
                 Persons
                 as
                 well
                 LAY
                 as
                 those
                 that
                 be
                 now
                 Married
                 or
                 hereafter
                 shall
                 be
                 Married
                 ,
              
               &c.
               
                 which
                 shall
                 be
                 made
                 ,
                 ordain'd
                 ,
                 constituted
                 and
                 deputed
                 to
                 be
                 any
                 Chancellor
                 ,
                 Uicar
                 General
                 ,
              
               &c.
               
               
                 Scribe
                 or
                 Register
                 by
                 your
                 Majesty
                 ,
                 or
                 any
                 of
                 your
                 Heirs
                 and
                 Successors
                 ,
                 or
                 by
                 any
                 Archbishop
                 ,
                 Bishop
                 ,
              
               &c.
               
                 may
                 lawfully
                 execute
                 and
                 execute
                 all
                 manner
                 of
                 Iurisdiction
                 commonly
                 call'd
                 Ecclesiastical
                 ,
              
               &c.
               
            
             
               Here
               you
               see
               the
               enacting
               clause
               founded
               on
               the
               previous
               solemn
               acknowledgment
               of
               the
               King's
               supremacy
               ,
               and
               on
               his
               having
               the
               power
               given
               him
               ,
               not
               by
               Parliaments
               or
               People
               ,
               but
               
                 by
                 SCRIPTURE
              
               ,
               to
               appoint
               such
               to
               be
               ecclesiastical
               Judges
               who
               were
               by
               Custom
               and
               by
               the
               Laws
               of
               Councils
               and
               Provincial
               Synods
               formerly
               equivalent
               to
               Acts
               of
               Parliament
               ,
               incapacitated
               so
               to
               be
               .
               And
               from
               whence
               it
               is
               consequently
               apparent
               that
               no
               positive
               humane
               Laws
               whatsoever
               inflictive
               of
               Penal
               incapacity
               could
               against
               the
               Right
               inherent
               in
               him
               by
               the
               positive
               Law
               of
               God
               ,
               oblige
               him
               not
               to
               dispense
               with
               the
               others
               by
               his
               supreme
               Power
               when
               he
               found
               it
               necessary
               so
               to
               do
               .
               For
               't
               is
               on
               all
               hands
               confessedly
               true
               ,
               that
               Parliaments
               can
               no
               more
               then
               the
               Bishop
               of
               
                 Rome
                 delete
                 such
                 Power
                 as
                 is
                 given
                 by
                 God
                 to
                 the
                 Princes
                 of
                 the
                 Earth
                 .
              
            
          
           
             
               A.
               
            
             
               But
               because
               a
               Parliament
               declared
               that
               such
               a
               supreme
               Power
               is
               given
               by
               the
               Scripture
               to
               Princes
               ,
               you
               know
               it
               doth
               not
               follow
               that
               it
               is
               so
               .
               And
               moreover
               you
               know
               that
               was
               a
               Popish
               Parliament
               that
               so
               declared
               it
               .
            
          
           
             
               B.
               
            
             
               But
               I
               likewise
               know
               that
               as
               't
               is
               in
               my
               
                 Lord
                 Chief
                 Iustice
              
               Vaughan
               '
               
                 s
                 Reports
              
               in
               Hill
               and
               Good
               '
               
                 s
                 Case
              
               ,
               that
               
                 if
                 a
                 Marriage
                 be
                 declared
                 by
                 Act
                 of
                 Parliament
                 to
                 be
                 against
                 Gods
                 Law
                 ,
                 we
                 must
                 admit
                 it
                 to
                 be
                 so
                 ,
                 for
                 by
                 a
                 Law
                 ,
                 that
                 is
                 ,
                 an
                 Act
                 of
                 Parliament
                 it
                 is
                 so
                 declared
              
               ;
               so
               that
               Act
               of
               Parliament
               having
               declared
               it
               ,
               that
               
                 by
                 Holy
                 Scripture
                 all
                 Authority
                 and
                 Power
                 is
                 wholly
                 given
                 to
                 the
                 King
                 ,
                 and
                 to
                 all
                 such
                 Persons
                 as
                 he
                 shall
                 appoint
                 to
                 hear
                 and
                 determine
                 ,
              
               &c.
               tho
               such
               Persons
               were
               by
               a
               lawful
               Canon
               incapacitated
               so
               to
               do
               (
               a
               Canon
               that
               that
               Iudge
               in
               the
               words
               immediately
               following
               the
               other
               makes
               to
               be
               
                 the
                 Law
                 of
                 the
                 Kingdom
                 as
                 well
                 as
                 an
                 Act
                 of
                 Parliament
              
               )
               we
               must
               admit
               such
               Power
               and
               Authority
               inherent
               in
               the
               King's
               Supremacy
               by
               the
               Word
               of
               God
               ,
               thus
               to
               supersede
               incapacity
               .
               And
               whether
               the
               incapacitating
               Canons
               were
               lawful
               ones
               or
               no
               ,
               it
               is
               not
               tanti
               to
               enquire
               ,
               since
               as
               we
               know
               a
               Power
               inherent
               in
               Kings
               by
               the
               Word
               of
               God
               ,
               cannot
               be
               either
               by
               lawful
               Canon
               or
               Act
               of
               Parliament
               taken
               away
               :
               and
               much
               more
               ought
               such
               Power
               to
               be
               construed
               and
               admitted
               as
               inherent
               in
               him
               
                 by
                 the
                 Scripture
              
               ,
               while
               the
               Act
               of
               Parliament
               continues
               in
               being
               .
            
             
               But
               I
               shall
               yet
               bring
               the
               acknowledgment
               of
               your
               
               Prince's
               Supremacy
               in
               this
               point
               as
               thus
               founded
               on
               Scripture
               ,
               clos●…r
               to
               your
               Conscience
               by
               letting
               you
               see
               that
               you
               have
               not
               only
               the
               Judgment
               of
               a
               Popish
               Parliament
               in
               the
               Case
               ,
               but
               of
               that
               very
               Statute
               of
               Queen
               Elizabeth
               that
               enjoyns
               your
               Oath
               of
               Supremacy
               ;
               for
               it
               revives
               that
               Statute
               o●…
               Harry
               the
               
                 8th
                 and
                 all
                 and
                 every
                 branches
                 and
                 Articles
                 in
                 it
                 ,
                 as
                 you
                 will
                 find
                 it
                 in
                 your
                 Statute-book
                 .
              
            
          
           
             
               A.
               
            
             
               You
               have
               mention'd
               one
               thing
               in
               that
               Statute
               of
               Harry
               the
               8th
               that
               doth
               a
               little
               startle
               me
               :
               and
               that
               is
               that
               he
               and
               the
               three
               Estates
               apply'd
               there
               the
               design
               of
               keeping
               up
               those
               Canons
               of
               Councils
               and
               provincial
               Constitutions
               that
               incapacitated
               LAYMEN
               ,
               as
               level'd
               at
               the
               exclusion
               of
               the
               King
               himself
               ,
               not
               only
               from
               his
               Prerogative
               ,
               but
               from
               being
               in
               a
               capacity
               to
               exercise
               ecclesiastical
               Jurisdiction
               as
               supreme
               head
               of
               the
               Church
               ,
               as
               I
               find
               by
               those
               remarkable
               words
               ,
               YOUR
               GRACE
               BEING
               A
               LAY-MAN
               .
            
          
           
             
             
               B.
               
            
             
               You
               do
               well
               to
               take
               notice
               of
               that
               ,
               and
               are
               therefore
               not
               to
               wonder
               at
               it
               if
               you
               should
               hear
               your
               Prince
               who
               was
               a
               Dissenter
               to
               the
               Church
               of
               England
               ,
               and
               others
               concern'd
               for
               him
               ,
               to
               have
               apprehensions
               of
               what
               prejudice
               might
               be
               meant
               him
               by
               some
               subtle
               Projectors
               of
               Laws
               ,
               to
               incapacitate
               all
               Papists
               and
               Presbyterians
               from
               acting
               in
               any
               Office
               in
               Church
               or
               State
               ,
               however
               many
               loyal
               Persons
               might
               be
               far
               from
               intending
               such
               prejudice
               thereby
               :
               
                 his
                 Grace
              
               being
               a
               Papist
               ,
               or
               Presbyterian
               .
            
          
           
             
               A.
               
            
             
               I
               must
               confess
               that
               if
               the
               Kings
               Power
               of
               commanding
               the
               Services
               of
               all
               his
               Subjects
               be
               inherent
               in
               him
               by
               the
               Word
               of
               God
               ,
               and
               as
               such
               declared
               by
               Parliament
               ,
               any
               Mens
               endeavours
               to
               take
               away
               that
               Power
               ,
               may
               well
               be
               imputed
               to
               great
               incogitancy
               .
            
          
           
             
               B.
               
            
             
               You
               say
               right
               :
               and
               I
               was
               hence
               induced
               to
               wonder
               ,
               that
               after
               
                 the
                 Act
                 and
                 Acknowledgment
                 of
                 his
                 Majesty's
                 Prerogative
                 in
                 the
                 Choice
                 of
                 his
                 Officers
                 of
                 State-Councellors
                 and
                 Iudges
              
               had
               thus
               passed
               in
               the
               
                 first
                 Parliament
              
               of
               Scotland
               in
               the
               late
               King's
               reign
               ,
               
                 viz.
                 
                   The
                   Estates
                   of
                   Parliament
                   considering
                   the
                   great
                   Obligations
                   that
                   lie
                   upon
                   them
                   from
                   the
                   Law
                   of
                   God
                   ,
                   the
                   Law
                   of
                   Nations
                   ,
                   the
                   Municipal
                   Laws
                   of
                   the
                   Land
                   ,
                   and
                   their
                   Oathes
                   of
                   Allegiance
                   to
                   maintain
                   and
                   defend
                   the
                   Soveraign
                   Power
                   and
                   Authority
                   of
                   the
                   King's
                   Majesty
                   ,
                   and
                   the
                   sad
                   Consequences
                   that
                   do
                   accompany
                   an
                   encrochment
                   upon
                   or
                   diminution
                   thereof
                   ,
                   do
                   therefore
                   from
                   their
                   sense
                   of
                   humble
                   duty
                   declare
                   ,
                   that
                   it
                   is
                   an
                   inherent
                   privilege
                   of
                   the
                   Crown
                   ,
                   and
                   an
                   undoubted
                   part
                   of
                   the
                   Royal
                   Prerogative
                   of
                   the
                   Kings
                   of
                   this
                   Kingdom
                   to
                   have
                   the
                   sole
                   Choice
                   and
                   Appointment
                   of
                   the
                   Officers
                   of
                   States
                   and
                   Privy
                   Councellors
                   ,
                   and
                   Nomination
                   of
                   the
                   Lords
                   of
                   Session
                   as
                   in
                   former
                   times
                   ,
                   and
                   that
                   the
                   King
                   's
                   sacred
                   Majesty
                   ,
                   and
                   his
                   Heirs
                   and
                   Successors
                   ,
                   are
                   by
                   virtue
                   of
                   that
                   Royal
                   Power
                   which
                   they
                   hold
                   from
                   God
                   Almighty
                   over
                   this
                   Kingdom
                   ,
                   to
                   have
                   the
                   full
                   exercise
                   of
                   that
                   Right
                   ,
                
              
               &c.
               any
               Men
               could
               by
               a
               following
               Act
               of
               Parliament
               there
               be
               incapacitated
               to
               serve
               their
               Prince
               in
               those
               Stations
               .
            
             
               I
               shall
               here
               tell
               you
               ,
               that
               the
               incapacitating
               a
               few
               Papists
               or
               
                 Quakers
                 Presbyterians
              
               or
               Anabaptists
               to
               serve
               their
               Prince
               may
               to
               some
               seem
               
                 materia
                 l●…vis
              
               ,
               and
               that
               the
               King
               and
               his
               Realm
               cannot
               suffer
               much
               by
               the
               disabling
               a
               small
               party
               of
               men
               from
               publick
               employments
               .
               But
               it
               is
               otherwise
               .
               And
               let
               any
               one
               who
               hath
               observ'd
               but
               two
               or
               three
               of
               the
               late
               great
               transactions
               of
               the
               age
               here
               ,
               as
               for
               instance
               ,
               the
               late
               King's
               Restoration
               ,
               the
               throwing
               out
               of
               the
               Exclusion-Bill
               ,
               the
               turning
               of
               the
               current
               of
               Faction
               in
               our
               Metropolis
               ,
               and
               consider
               how
               much
               in
               each
               depended
               on
               the
               Talents
               of
               ONE
               man
               ,
               he
               will
               not
               wonder
               at
               him
               who
               shall
               affirm
               that
               the
               incapacitating
               of
               but
               one
               Man
               may
               be
               very
               fatal
               to
               the
               Common-weal
               .
            
             
               I
               suppose
               you
               cannot
               have
               forgot
               the
               Verse
               you
               repeated
               to
               me
               out
               of
               the
               famed
               Poem
               of
               Absolon
               and
               Achitophel
               ,
               viz.
               
                 So
                 much
                 the
                 weight
                 of
                 one
                 brave
                 Man
                 can
                 do
                 .
              
               And
               Providence
               made
               use
               of
               his
               weight
               for
               the
               Publick
               good
               by
               the
               figure
               he
               made
               in
               his
               Prince's
               Councils
               notwithstanding
               the
               Address
               of
               the
               Commons
               to
               have
               him
               thence
               removed
               :
               as
               likewise
               of
               the
               weight
               of
               another
               of
               those
               noble
               Persons
               heroical
               loyalty
               in
               the
               administration
               of
               the
               Government
               ,
               notwithstanding
               an
               Address
               from
               the
               Commons
               to
               his
               Prince
               to
               remove
               him
               from
               it
               .
            
             
               I
               doubt
               not
               but
               you
               have
               read
               it
               in
               Cromerus
               his
               History
               of
               
                 Poland
                 l.
                 7th
              
               .
               that
               the
               King
               of
               Poland
               being
               dead
               ,
               the
               Kingdom
               was
               offer'd
               to
               Lescus
               a
               Nephew
               of
               
               Casimire's
               ,
               on
               condition
               he
               would
               banish
               Govoritius
               :
               and
               that
               
                 Lescus
                 refused
              
               the
               Crown
               rather
               then
               he
               would
               banish
               so
               faithful
               a
               Councellor
               .
               And
               you
               cannot
               be
               ignorant
               of
               the
               weight
               of
               one
               man
               in
               the
               Nicene
               Councel
               ,
               I
               mean
               Pophnutiu●…
               ,
               who
               by
               citing
               those
               words
               of
               the
               Author
               of
               the
               Epistle
               to
               the
               
                 Hebrews
                 ,
                 Marriage
                 is
                 honourable
                 in
                 all
                 ,
              
               &c.
               turn'd
               the
               
               stream
               of
               the
               whole
               Councel
               when
               they
               were
               going
               to
               give
               a
               Decree
               against
               the
               marriage
               of
               Priests
               .
            
             
               You
               know
               of
               how
               much
               weight
               one
               Man
               would
               have
               proved
               in
               that
               place
               in
               Scripture
               ,
               Ezek.
               22.
               30.
               
               
                 And
                 I
                 sought
                 for
                 a
                 Man
                 among
                 them
                 that
                 should
                 make
                 up
                 the
                 Hedg
                 and
                 stand
                 in
                 the
                 Gap
                 ,
              
               &c.
               
               And
               that
               the
               wise
               man
               hath
               told
               us
               ,
               that
               it
               was
               by
               the
               
                 wisdom
                 of
                 ONE
                 poor
                 Man
                 ,
                 that
                 a
                 City
                 was
                 deliver'd
                 .
              
            
             
               You
               cannot
               but
               have
               observ'd
               ,
               that
               almost
               all
               the
               great
               and
               noble
               inventions
               in
               nature
               ,
               owe
               their
               births
               to
               a
               single
               Person
               ;
               and
               that
               particularly
               one
               poor
               Man
               by
               his
               Wisdom
               discover'd
               the
               American
               World.
               I
               need
               not
               mind
               you
               of
               the
               introduction
               of
               Laws
               by
               one
               Man
               in
               several
               of
               the
               old
               Graecian
               Polities
               ;
               and
               of
               the
               great
               Ocean
               of
               the
               Civil-Law
               yet
               encompassing
               the
               World
               ,
               having
               so
               narrow
               a
               Spring-head
               ,
               as
               the
               head
               of
               a
               single
               Person
               's
               introducing
               the
               Laws
               at
               Athens
               .
            
             
               You
               have
               read
               of
               the
               
                 unus
                 homo
                 nobis
                 cuncta●…do
              
               ,
               &c.
               and
               of
               the
               
                 tantum
                 potuit
                 unius
                 Viri
                 fortuna
                 &
                 virtus
                 .
              
            
             
               You
               know
               how
               Queen
               Elizabeth
               express'd
               her
               value
               of
               the
               weight
               of
               one
               Man
               ,
               I
               mean
               our
               great
               Navigator
               Sir
               
                 Francis
                 Drake
              
               ,
               by
               her
               refusing
               to
               commissionate
               competent
               Judges
               to
               try
               him
               for
               putting
               to
               death
               Dourishius
               in
               America
               ,
               and
               after
               an
               Appeal
               brought
               about
               it
               by
               the
               next
               of
               Kinn
               to
               him
               :
               and
               how
               afterward
               King
               Iames
               the
               first
               shew'd
               his
               value
               of
               the
               Talents
               and
               usefulness
               of
               Sir
               
                 Walter
                 Raleigh
              
               ,
               by
               employing
               him
               in
               his
               Service
               ,
               with
               Power
               of
               the
               Life
               and
               Death
               of
               others
               ,
               whilst
               he
               lay
               under
               the
               highest
               disability
               ,
               by
               being
               attainted
               of
               High-Treason
               .
            
             
               It
               would
               be
               somewhat
               like
               pedantry
               to
               digress
               too
               far
               into
               such
               a
               
                 Common
                 Place
              
               ;
               and
               wherein
               almost
               infinite
               instances
               will
               be
               tumultuarily
               crowding
               into
               any
               Mans
               thoughts
               .
               But
               I
               shall
               here
               further
               tell
               you
               ,
               that
               from
               the
               notion
               of
               
                 ludit
                 in
                 humanis
              
               ,
               &c.
               and
               of
               him
               who
               sitteth
               in
               
                 the
                 Heavens
              
               having
               some
               Disablers
               
                 in
                 derisien
              
               who
               
                 imagined
                 a
                 vain
              
               thing
               ,
               and
               from
               Heavens
               often
               choosing
               to
               make
               
                 that
                 Stone
                 that
                 the
                 Builders
                 rejected
              
               and
               disabled
               ,
               
                 the
                 Head
                 of
                 the
                 Corner
              
               :
               and
               from
               the
               severe
               threatning
               in
               St.
               Matthew
               against
               him
               
                 who
                 shall
                 offend
                 ONE
                 of
                 these
                 little
                 ones
                 who
                 believe
                 in
                 Christ
                 ,
              
               and
               from
               the
               caution
               there
               of
               
                 despising
                 not
                 ONE
                 of
                 these
                 little
                 ones
                 ,
              
               you
               may
               occasionally
               call
               to
               mind
               your
               moral
               Offices
               of
               
                 honouring
                 all
                 Men
              
               ,
               and
               of
               adoring
               the
               Divine
               Providence
               ,
               when
               it
               makes
               such
               Persons
               its
               instruments
               in
               the
               preserving
               of
               Nations
               ,
               who
               by
               any
               systemes
               of
               Politics
               or
               Laws
               were
               disabled
               from
               being
               such
               .
            
          
           
             
               A.
               
            
             
               I
               thank
               you
               for
               the
               occasion
               you
               have
               given
               me
               to
               meditate
               about
               this
               ,
               and
               do
               think
               that
               Man
               having
               the
               style
               of
               vain
               apply'd
               to
               him
               in
               
                 Iob.
                 c.
              
               11.
               v.
               12.
               
               
                 Vain
                 Man
                 WOULD
                 be
                 WISE
                 ,
                 tho
                 Man
                 be
                 born
                 like
                 a
                 wild
                 Asses
                 colt
                 ,
              
               and
               there
               made
               a
               politic-would-be
               ,
               and
               not
               only
               resembled
               to
               a
               Brute
               ,
               but
               made
               to
               be
               born
               like
               one
               ,
               and
               of
               Brutes
               like
               to
               the
               Ass
               ,
               and
               of
               Asses
               to
               the
               wild
               one
               ,
               and
               even
               of
               such
               to
               the
               wild
               Asses
               Colt
               ,
               and
               being
               thus
               under
               an
               incurable
               complication
               of
               natural
               Incapacities
               ,
               ought
               to
               be
               very
               careful
               how
               he
               goes
               about
               ,
               by
               any
               artificial
               incapacities
               ,
               to
               afflict
               or
               reproach
               any
               of
               his
               Race
               that
               are
               born
               to
               too
               many
               ,
               and
               much
               more
               to
               limit
               the
               Wisdom
               of
               Providence
               in
               the
               choice
               of
               its
               instruments
               ,
               and
               to
               take
               the
               work
               of
               the
               cicuration
               of
               the
               untamed
               World
               out
               of
               God's
               hand
               .
            
             
               And
               here
               I
               shall
               afford
               you
               some
               amends
               for
               the
               pleasant
               historical
               hints
               I
               just
               now
               had
               from
               you
               ,
               by
               observing
               to
               you
               in
               short
               what
               partly
               makes
               for
               your
               purpose
               ;
               that
               tho
               as
               Palaeotus
               in
               his
               learned
               
                 T●…actate
                 de
                 Nothis
                 spuriisque
                 filiis
              
               hath
               mention'd
               ,
               such
               were
               
                 tam
                 Mosaicâ
                 quam
                 Pontificiâ
                 ac
                 Civili
                 lege
                 omnino
                 detestabiles
                 ,
              
               and
               as
               infamous
               disabled
               particularly
               by
               
               the
               Canon
               Law
               from
               ecclesiastical
               Dignities
               ,
               yet
               to
               shew
               how
               these
               out-casts
               of
               the
               Law
               were
               by
               Heaven
               rendered
               instrumental
               in
               the
               Government
               of
               the
               World
               ,
               he
               there
               saith
               ,
               
                 Notantque
                 hi
                 qui
                 historias
                 ab
                 origine
                 Mundi
                 sunt
                 exorsi
                 ,
                 artes
                 ownes
                 &
                 scientias
                 ab
                 hujvsmodi
                 sobole
                 ,
                 à
                 filiis
                 scilicet
              
               Lamech
               
                 fuisse
                 inventas
                 ,
                 &
                 ab
                 eis
                 subtiliora
                 omnia
                 &
                 utiliora
                 excogitata
                 :
              
               and
               he
               concludes
               his
               Book
               by
               instancing
               in
               the
               Names
               of
               many
               Europaean
               Kings
               and
               Princes
               and
               Roman
               Emperors
               ,
               and
               particularly
               of
               Constantine
               the
               great
               ,
               and
               likewise
               of
               Popes
               of
               Rome
               ,
               who
               were
               of
               the
               base-born
               Class
               of
               Mankind
               .
            
             
               Both
               God
               Almighty
               and
               our
               Princes
               ,
               can
               make
               
                 Vessels
                 of
                 Honour
              
               of
               what
               Clay
               they
               please
               ,
               and
               place
               them
               where
               they
               will.
               
            
          
           
             
               B.
               
            
             
               You
               find
               it
               DECLARED
               in
               the
               Statute
               of
               the
               31th
               .
               of
               H.
               8.
               c.
               10.
               that
               
                 It
                 appertaineth
                 to
                 the
                 King's
                 Prerogative
                 Royal
                 to
                 give
                 such
                 Honour
                 ,
                 Reputation
                 and
                 Placing
                 to
                 his
                 Councellors
                 ,
                 AND
                 OTHER
                 his
                 Subjects
                 ,
                 as
                 shall
                 be
                 seeming
                 to
                 his
                 most
                 excellent
                 Wisdom
              
               ;
               and
               so
               when
               King
               Iames
               gave
               Sir
               
                 Walter
                 Raleigh
              
               tho
               dead
               in
               Law
               ,
               and
               labouring
               under
               the
               highest
               disability
               beforemention'd
               ,
               the
               Power
               and
               Honour
               of
               commanding
               the
               lives
               of
               others
               ,
               he
               did
               but
               what
               
                 appertain'd
                 to
                 his
                 Prerogative
              
               .
            
             
               And
               thus
               when
               King
               Harry
               the
               8th
               by
               his
               Prerogative
               ,
               like
               the
               Sun
               both
               raising
               and
               gilding
               a
               poor
               Vapour
               ,
               made
               Cromwel
               who
               was
               the
               Son
               of
               a
               Black-smith
               
                 Lord
                 Privy-Seal
              
               ,
               and
               likewise
               enabled
               him
               ,
               tho
               a
               Lay-man
               ,
               to
               to
               be
               his
               Vice-gerent
               for
               ecclesiastical
               Causes
               ,
               and
               however
               incapacitated
               by
               some
               positive
               humane
               Laws
               to
               make
               that
               figure
               ,
               he
               did
               but
               
                 uti
                 Iure
                 suo
              
               .
            
             
               And
               I
               shall
               tell
               you
               as
               to
               the
               subject
               of
               the
               weight
               of
               one
               Man
               ,
               or
               the
               consequences
               of
               disabling
               one
               Man
               ,
               that
               we
               were
               upon
               ;
               if
               you
               consider
               how
               much
               the
               excesses
               of
               the
               Papal
               Usurpations
               ,
               and
               the
               over-ballance
               of
               the
               Monastic
               Revenue
               in
               the
               Nation
               ,
               were
               removed
               by
               the
               parts
               and
               endowments
               of
               Cromwel
               the
               Vice-gerent
               in
               Matters
               Ecclesiastical
               ,
               you
               may
               easily
               imagine
               that
               if
               the
               measures
               of
               the
               Canon-Law
               and
               Canonists
               and
               the
               long
               receiv'd
               customs
               or
               any
               humane
               Law
               had
               then
               prevail'd
               for
               the
               disabling
               of
               
                 Cromwel
                 cum
                 effectu
              
               from
               bearing
               Office
               or
               intermedling
               in
               Ecclesiastical
               Jurisdiction
               as
               the
               Kings
               Vice-gerent
               ,
               what
               a
               Church
               of
               England
               we
               should
               have
               at
               this
               time
               enjoy'd
               .
            
             
               You
               may
               well
               imagine
               how
               much
               the
               Disabling
               of
               Lay-men
               from
               intermedling
               in
               ecclesiastical
               Iurisdiction
               had
               passed
               for
               a
               general
               Custom
               here
               ,
               when
               Bishop
               Downham
               in
               the
               
                 Defence
                 of
                 his
                 Consecration
                 Sermon
              
               p.
               185.
               saith
               that
               
                 as
                 for
                 lay-Chancellors
                 or
                 Commissaries
                 ,
                 the
                 Bishops
                 in
                 the
                 times
                 of
                 S.
              
               Austin
               
                 and
                 S.
              
               Ambrose
               
                 had
                 none
                 :
                 and
                 that
                 not
                 so
                 much
                 as
                 the
                 Steward
                 of
                 a
                 Church
                 might
                 be
                 a
                 Lay-man
                 :
              
               and
               when
               the
               Puritan
               Writers
               did
               still
               upbraid
               our
               Discipline
               on
               the
               account
               of
               the
               incapacity
               of
               Lay-men
               to
               be
               Bishops
               Chancellors
               ,
               as
               adjudged
               by
               the
               ancient
               Canons
               ;
               and
               with
               the
               Canon
               of
               
                 indecorum
                 est
                 laicum
                 esse
                 vicarium
                 episcopi
                 ,
              
               &c.
               and
               by
               which
               Canon
               the
               Bishop
               who
               made
               a
               Lay-man
               his
               Vicar
               ,
               was
               declared
               to
               be
               
                 contemptor
                 Canonum
              
               .
            
             
               But
               it
               was
               the
               Regal
               Power
               of
               Dispensing
               with
               the
               Canons
               and
               Customs
               that
               disabled
               Lay-men
               from
               intermedling
               in
               ecclesiastical
               Jurisdiction
               ,
               that
               laid
               the
               foundation
               of
               the
               Reformation
               in
               Harry
               the
               
               8th's
               time
               ,
               as
               it
               was
               the
               same
               Power
               of
               dispensing
               with
               the
               Canons
               and
               Customs
               that
               disabled
               Clergy-men
               from
               intermedling
               in
               saecular
               Employments
               ,
               that
               perfected
               the
               superstructure
               of
               it
               in
               the
               reign
               of
               Edward
               the
               6th
               that
               young
               Iosias
               ,
               as
               was
               before
               mention'd
               .
            
             
               Fuller
               tells
               us
               in
               his
               Church-history
               that
               Harry
               the
               
               8th's
               
                 making
                 a
                 Lay-man
              
               
               
                 his
                 Vicar-general
                 was
                 the
                 greatest
                 instance
                 of
                 his
                 ecclesiastical
                 Power
                 that
                 ever
                 was
                 given
                 .
              
               And
               my
               Lord
               Herbert
               in
               his
               Harry
               the
               8th
               doth
               seem
               to
               reflect
               on
               
               Cromwel's
               not
               being
               thought
               capable
               of
               that
               Office
               :
               for
               his
               words
               on
               his
               being
               made
               the
               King's
               Vicegerent
               are
               ,
               
                 It
                 was
                 thought
                 strange
                 by
                 the
                 People
                 ,
                 because
                 there
                 was
                 no
                 Example
                 of
                 any
                 Kings
                 of
              
               Israel
               
                 the
                 lawfully
                 in
                 their
                 own
                 Persons
                 enjoying
                 the
                 mixt
                 Power
                 of
                 the
                 Temporal
                 and
                 Spiritual
                 ,
                 or
                 of
                 the
                 Pope's
                 ,
                 having
                 deputed
                 Ecclesiastical
                 Power
                 to
                 a
                 Lay-man
                 .
              
               But
               as
               to
               his
               saying
               that
               there
               was
               no
               Example
               of
               the
               Pope's
               deputing
               Ecclesiastical
               Power
               to
               Lay-men
               ,
               I
               shall
               observe
               that
               his
               Lordship
               had
               not
               consider'd
               that
               according
               to
               the
               
                 Glosse
                 in
                 C.
                 bene
                 quidem
              
               Distin.
               96.
               
               
                 Laicus
                 potest
                 excommunicare
                 ex
                 Papae
                 delegatione
                 :
              
               and
               that
               tho
               a
               Bishop
               cannot
               by
               the
               
                 Canon-Law
                 delegate
              
               his
               Power
               to
               a
               Lay-man
               ,
               for
               that
               a
               Bishop
               is
               not
               above
               the
               
                 Ius
                 Commune
                 Positivum
              
               of
               the
               Pope
               ,
               yet
               the
               Canonists
               hold
               that
               the
               Pope
               by
               the
               Plenitude
               of
               his
               Power
               may
               dispense
               with
               his
               own
               Laws
               ,
               and
               by
               so
               doing
               delegate
               the
               Power
               of
               Excommunicating
               to
               Abbesses
               ,
               altho
               
                 jure
                 Communi
              
               ,
               as
               not
               having
               the
               Power
               of
               the
               Keys
               ,
               they
               are
               disabled
               from
               so
               doing
               :
               and
               that
               Pope
               Urban
               the
               Second
               ,
               constituted
               a
               Lay-man
               ,
               Roger
               Earl
               of
               Sicily
               and
               his
               Heirs
               ,
               his
               
                 Legates
                 a
                 latere
              
               in
               that
               Kingdom
               by
               way
               of
               Inheritance
               for
               ever
               :
               and
               that
               our
               Henry
               the
               Second
               writing
               to
               the
               Pope
               to
               recall
               
               Be●…ket's
               Legatine
               Power
               ,
               and
               to
               confer
               it
               on
               the
               Archbishop
               of
               York
               ,
               the
               Pope
               refused
               so
               to
               do
               ,
               but
               offer'd
               the
               Legatine
               Power
               to
               the
               King
               himself
               ,
               and
               sent
               Letters
               to
               the
               King
               for
               that
               purpose
               :
               but
               which
               the
               King
               in
               scorn
               threw
               away
               .
            
             
               The
               Legatine
               Powers
               are
               
                 de
                 jure
                 Communi
              
               ,
               as
               the
               Canonists
               tell
               us
               ,
               very
               great
               ;
               and
               allow
               the
               Legates
               to
               visit
               or
               cause
               to
               be
               visited
               by
               such
               as
               they
               shall
               think
               fit
               ,
               all
               Churches
               ,
               Monasteries
               ,
               Colleges
               ,
               Universities
               ,
               Hospitals
               ,
               and
               do
               authorize
               them
               to
               make
               new
               Statutes
               and
               Orders
               ,
               and
               not
               only
               to
               receive
               Appeals
               from
               ordinary
               Judges
               and
               Delegates
               ,
               but
               to
               judge
               and
               decide
               all
               Ecclesiastical
               ,
               Civil
               and
               Criminal
               Causes
               ,
               and
               that
               summarily
               and
               
                 sine
                 formâ
                 &
                 figurâ
                 Iudicii
              
               ;
               to
               make
               Prisoners
               of
               Bishops
               ,
               and
               send
               them
               in
               Custody
               to
               the
               Pope
               ,
               to
               bestow
               Benefices
               that
               were
               vacant
               ,
               to
               unite
               Churches
               ,
               to
               interpret
               the
               Mandates
               of
               the
               Pope
               :
               and
               if
               the
               Pope
               hath
               entrusted
               any
               thing
               to
               be
               done
               by
               them
               ,
               yet
               to
               entrust
               the
               doing
               thereof
               to
               others
               ,
               to
               execute
               all
               their
               Jurisdiction
               in
               Places
               exempt
               as
               well
               as
               not
               exempt
               ,
               and
               to
               dispense
               in
               all
               Cases
               wherein
               they
               are
               not
               Prohibited
               ,
               and
               to
               exercise
               the
               Iurisdiction
               of
               granting
               Indulgences
               ,
               and
               to
               dispense
               with
               pluralists
               ,
               and
               with
               the
               incapacity
               of
               Sons
               immediately
               succeeding
               their
               Fathers
               in
               Church-Livings
               ,
               and
               to
               give
               Absolution
               to
               the
               Excommunicate
               in
               many
               Cases
               reserv'd
               to
               the
               Apostolick
               See
               ,
               and
               likewise
               in
               many
               Causes
               inflictive
               of
               Excommunication
               
                 ipso
                 jure
              
               ,
               and
               in
               many
               Cases
               to
               restore
               such
               as
               are
               deposed
               and
               degraded
               ,
               and
               to
               rehabilitate
               them
               even
               by
               restoring
               them
               to
               Fame
               .
            
             
               All
               these
               Branches
               of
               Authority
               ,
               with
               many
               others
               not
               named
               here
               ,
               were
               it
               seems
               offer'd
               by
               the
               Pope
               to
               our
               King
               :
               but
               which
               he
               holding
               as
               Vicegerent
               to
               the
               King
               of
               Kings
               ,
               and
               by
               his
               Word
               ,
               might
               well
               refuse
               their
               tenure
               from
               the
               
                 servus
                 servorum
              
               ,
               and
               by
               his
               Bulls
               .
            
             
               All
               our
               Roman-Catholick
               Princes
               having
               made
               an
               inroad
               on
               the
               Papal
               incapacitating
               Canons
               by
               way
               of
               Dispensation
               ,
               when
               they
               made
               their
               Lay-Judges
               Super-Intendents
               over
               their
               Bishops
               ,
               and
               who
               were
               by
               Lay-men
               required
               to
               Absolve
               such
               who
               were
               disabled
               by
               Excommunication
               ,
               and
               to
               receive
               their
               bounds
               and
               measures
               in
               Ecclesiastical
               Proceedings
               by
               Writs
               of
               Prohibition
               ,
               and
               Consultation
               ,
               and
               Attachment
               issued
               out
               by
               Lay-men
               ;
               the
               exercise
               of
               the
               Regal
               Power
               in
               Ecclesiasticks
               distributed
               and
               dispers'd
               among
               so
               many
               Lay
               hands
               ,
               did
               not
               seem
               so
               powerful
               nor
               invidious
               as
               when
               the
               
               united
               Beams
               of
               Ecclesiastical
               Vice-gerence
               met
               in
               the
               Ministry
               of
               one
               Lay
               Person
               ,
               and
               dazled
               the
               Eyes
               of
               the
               whole
               Kingdom
               ,
               and
               when
               (
               according
               to
               the
               Power
               that
               was
               37
               
               o.
               H.
               8.
               declared
               by
               the
               Parliament
               to
               be
               given
               to
               the
               King
               by
               
                 Holy
                 Scripture
              
               )
               he
               made
               Cromwel
               his
               Vice-gerent
               for
               the
               Ecclesiastical
               Jurisdiction
               .
            
             
               But
               as
               that
               Statute
               intimating
               that
               
                 the
                 Councils
                 and
                 Constitutions
                 Provincial
              
               that
               ordain'd
               ,
               
                 that
                 no
                 Lay-man
                 should
                 exercise
                 or
                 occupy
                 any
                 Iurisdiction
                 Ecclesiastical
                 ,
                 did
                 stand
                 and
                 remain
                 in
                 their
                 effect
                 not
                 abolish'd
                 by
                 his
                 Grace's
                 Laws
                 ,
                 and
                 did
                 sound
                 to
                 appear
                 to
                 make
                 greatly
                 for
                 the
                 usurped
                 Power
                 of
                 the
                 Bishop
                 of
              
               Rome
               ,
               
                 and
                 to
                 he
                 directly
                 repugnant
                 to
                 his
                 Majesty
                 as
                 Supreme
                 Head
                 of
                 the
                 Church
                 ,
                 and
                 Pretogative
                 Royal
                 ,
                 his
                 Grace
                 being
                 a
                 Lay-man
                 ,
                 altho
                 such
                 Decrees
                 ,
                 Ordinances
                 ,
                 and
                 Constitutions
              
               were
               by
               
                 the
                 Statute
                 made
                 in
                 the
              
               25th
               
                 year
                 of
                 his
                 Reign
                 ,
                 intended
                 to
                 be
                 utterly
                 abolish'd
                 ,
                 frustrate
                 ,
              
               &c.
               but
               yet
               that
               
                 the
                 contrary
                 thereunto
              
               ,
               being
               not
               
                 used
                 by
                 Archbishops
                 ,
                 Bishops
              
               ,
               &c.
               
                 i.
                 e.
              
               that
               they
               had
               not
               all
               that
               while
               or
               since
               that
               Statute
               of
               the
               25th
               of
               his
               Reign
               committed
               the
               exercise
               of
               Ecclesiastical
               Jurisdiction
               to
               Lay-men
               ;
               did
               or
               might
               give
               
                 occasion
                 to
                 some
                 Evil-dispos'd
                 persons
                 to
                 think
                 and
                 little
                 regard
                 the
                 Proceedings
                 and
                 Censures
                 Ecclesiastical
                 made
                 by
                 his
                 HIGHNESSE
                 and
                 his
                 Uice-gerent
                 ,
                 Officials
                 ,
                 Commissaries
                 ,
                 Iudges
                 ,
                 and
                 Uisitors
                 being
                 also
                 Lay
                 and
                 Married
                 men
                 to
                 be
                 of
                 little
                 or
                 none
                 effect
                 ,
                 whereby
                 the
                 people
                 gathereth
                 heart
                 and
                 presumption
                 to
                 do
                 evil
                 ,
                 and
                 not
                 to
                 have
                 such
                 reverence
                 to
                 your
                 most
                 Godly
                 Injunctions
                 and
                 Proceedings
                 ,
                 as
                 becometh
                 them
                 ▪
              
               &c.
               
               So
               I
               leave
               it
               to
               you
               to
               consider
               how
               the
               disabling
               of
               any
               subjects
               by
               reason
               of
               Religionary
               Heterodoxy
               to
               serve
               their
               
                 Prince
                 ,
                 did
                 or
                 might
                 give
                 occasion
                 to
                 some
                 evil-disposed
                 Persons
              
               to
               attempt
               the
               disabling
               of
               their
               Prince
               on
               the
               same
               account
               ,
               as
               I
               b●…fore
               hinted
               it
               to
               you
               :
               and
               as
               the
               popular
               incogitancy
               of
               the
               Power
               given
               by
               God
               extending
               to
               
                 all
                 such
                 Persons
                 as
                 should
                 be
                 employ●…d
                 under
                 the
                 King
                 ,
              
               producing
               the
               irreverence
               of
               their
               surmises
               of
               the
               incapacity
               of
               the
               Officials
               and
               Visitors
               employ'd
               by
               the
               Vicegerent
               (
               and
               consequently
               of
               the
               incapacity
               of
               the
               
                 Vicegerent
                 himself
              
               )
               did
               naturally
               terminate
               in
               their
               
                 gathering
                 heart
                 and
                 presumption
                 to
                 do
                 evil
                 ,
              
               and
               to
               surmise
               the
               King
               's
               being
               disabled
               to
               exercise
               all
               manner
               of
               Ecclesiastical
               Jurisdiction
               :
               and
               to
               do
               that
               which
               was
               
                 directly
                 repugnant
                 to
                 his
                 Majesty
                 as
                 Supreme
                 Head
                 of
                 the
                 Church
                 ,
                 and
                 to
                 his
                 Prerogative
                 Royal
                 ,
                 his
                 Grace
                 being
                 a
                 Lay-man
                 ,
              
               how
               you
               ought
               still
               to
               preserve
               a
               tenderness
               in
               your
               thoughts
               for
               that
               Prerogative
               Royal
               given
               him
               by
               
                 God's
                 Word
              
               of
               Commanding
               the
               Services
               of
               all
               his
               Subjects
               by
               what
               Laws
               or
               Constitutions
               soever
               
                 de
                 facto
              
               incapacitated
               .
               And
               by
               the
               gradual
               Proceedings
               I
               have
               now
               mention'd
               ,
               you
               ought
               with
               horror
               to
               think
               of
               the
               incapacitating
               any
               one
               Subject
               to
               serve
               his
               Prince
               ,
               as
               of
               the
               first
               step
               from
               a
               Precipice
               .
            
          
           
             
               A.
               
            
             
               You
               have
               provided
               variety
               of
               Entertainment
               for
               my
               Consideration
               ,
               and
               have
               my
               thanks
               for
               it
               .
               But
               suppose
               I
               should
               be
               so
               Curious
               and
               Inquisitive
               as
               to
               ask
               where
               in
               God's
               Word
               that
               Power
               is
               given
               to
               Princes
               to
               employ
               such
               Persons
               as
               they
               shall
               think
               fit
               in
               their
               service
               ,
               according
               to
               the
               purport
               of
               that
               Statute
               ?
            
          
           
             
               B.
               
            
             
               You
               may
               likewise
               suppose
               that
               you
               would
               then
               find
               my
               Genius
               so
               inquisitive
               as
               to
               ask
               you
               where
               you
               have
               been
               at
               Church
               of
               late
               years
               .
               For
               you
               could
               then
               go
               to
               no
               Church
               in
               
                 England
                 ,
                 Scotland
              
               ,
               or
               Ireland
               without
               hearing
               St.
               
                 Paul's
                 
                   Omnis
                   anima
                
              
               spoken
               of
               ,
               
                 Let
                 every
                 soul
                 be
                 subject
                 to
                 the
                 higher
                 Powers
                 ,
                 
                   whether
                   he
                   be
                   Apostle
                   ,
                   or
                   Evangelist
                   ,
                   Prophet
                   ,
                   Priest
                   ,
                   Clergy
                   or
                   Layety
                   ,
                   whether
                   he
                   be
                   of
                   the
                   People
                   diffusive
                   or
                   representative
                   ,
                   and
                   the
                   like
                   .
                
              
               And
               as
               the
               well-drawn
               Effigies
               of
               a
               man
               seems
               to
               look
               on
               every
               one
               in
               the
               Room
               ,
               so
               hath
               the
               Picture
               of
               the
               Regal
               Power
               drawn
               by
               the
               
               Divines
               of
               the
               Church
               of
               England
               ,
               appear'd
               to
               cast
               its
               Eye
               on
               every
               one
               ,
               and
               been
               made
               as
               it
               were
               Vocal
               ,
               and
               saying
               to
               every
               one
               ,
               
                 For
                 he
                 is
                 the
                 Minister
                 of
                 God
                 to
                 thee
                 for
                 good
                 .
              
               And
               the
               good
               old
               Book
               call'd
               
                 God
                 and
                 the
                 King
              
               that
               you
               have
               read
               over
               and
               over
               ,
               hath
               told
               you
               ,
               
                 that
                 the
                 Bond
                 of
                 the
                 King's
                 Subjects
                 Obedience
                 to
                 his
                 Majesty
                 is
                 inviolable
                 ,
                 and
                 cannot
                 be
                 dissolv'd
                 .
              
            
             
               And
               indeed
               the
               thing
               being
               so
               plain
               by
               the
               Law
               of
               Nature
               ,
               which
               being
               written
               in
               man's
               heart
               is
               the
               very
               same
               (
               so
               far
               forth
               as
               it
               is
               yet
               undefaced
               )
               with
               the
               Law
               of
               God
               reveal'd
               in
               the
               Word
               ,
               it
               is
               not
               tanti
               to
               raise
               Moot-Points
               about
               this
               ,
               relating
               to
               Scripture
               .
            
             
               I
               doubt
               not
               but
               you
               remember
               it
               in
               my
               Lord
               
               Herbert's
               Harry
               the
               8th
               ,
               that
               there
               being
               a
               Rebellion
               of
               many
               of
               the
               Commonalty
               ,
               A.
               1536.
               and
               the
               Rebels
               sending
               the
               King
               their
               Grievances
               ,
               and
               one
               whereof
               was
               ,
               
                 That
                 his
                 Grace
                 had
                 ill
                 Councellors
                 ,
                 and
                 of
                 mean
                 Birth
                 (
                 among
                 which
              
               Cromwel
               
                 was
                 not
                 forgotten
                 )
                 and
                 the
                 King
                 sending
                 an
                 Answer
                 penn'd
                 by
                 himself
                 as
                 to
                 their
                 Grievances
                 ,
              
               he
               did
               therein
               upbraid
               them
               for
               medling
               in
               the
               choice
               of
               his
               Counsellors
               ,
               and
               command
               their
               acquiescence
               therein
               on
               the
               grounds
               of
               Nature
               and
               of
               
                 his
                 being
                 their
                 Natural
                 Liege-lord
              
               .
            
          
           
             
               A.
               
            
             
               Well
               Sir
               :
               Let
               it
               for
               the
               present
               pass
               as
               a
               datum
               or
               concessum
               ,
               as
               you
               will
               have
               it
               ,
               that
               the
               Obedience
               of
               Subjects
               ,
               in
               serving
               their
               Prince
               is
               founded
               on
               the
               grounds
               both
               of
               Nature
               and
               Scripture
               .
               And
               I
               shall
               moreover
               allow
               it
               to
               you
               ,
               that
               if
               you
               had
               an
               Enthusiast
               to
               deal
               with
               ,
               and
               such
               who
               as
               you
               said
               
                 do
                 outrage
                 the
                 13th
                 of
                 the
              
               Romans
               
                 out
                 of
                 the
              
               Apocalypse
               ,
               you
               might
               out
               of
               
               Brightman's
               
                 Revelation
                 of
                 the
              
               Apocalypse
               ,
               shew
               him
               out
               of
               that
               part
               of
               
                 Holy
                 Scripture
              
               sufficient
               Authority
               for
               the
               King
               's
               particularly
               making
               Cromwel
               his
               Vicegerent
               .
               For
               he
               there
               on
               the
               14th
               Chapter
               ,
               and
               the
               17th
               ,
               and
               following
               Verses
               ,
               saith
               ,
               
                 This
                 Angel
                 is
              
               Thomas
               Cromwel
               
                 who
                 lived
                 in
                 the
                 days
                 of
              
               Harry
               
                 the
                 8th
                 ,
                 that
                 most
                 mighty
                 King
                 ,
                 and
                 was
                 a
                 man
                 of
                 great
                 renown
                 and
                 place
                 in
                 our
                 Kingdoms
                 ,
                 being
                 the
                 Earl
                 of
              
               Essex
               ,
               
                 and
                 Lord
                 Keeper
                 of
                 the
                 Privy
                 Seal
                 ,
              
               who
               came
               out
               of
               the
               Temple
               ,
               
                 and
                 being
                 a
                 sincere
                 favourer
                 of
                 pure
                 Religion
                 .
              
               He
               had
               a
               Sickle
               in
               his
               hand
               ,
               
                 being
                 made
                 the
                 King's
                 Deputy
                 in
                 all
                 Ecclesiastical
                 Matters
                 :
                 and
                 it
                 was
                 a
                 sharp
                 one
                 ,
                 as
                 with
                 which
                 he
                 sets
                 stoutly
                 and
                 deliberately
                 to
                 his
                 work
                 ,
                 and
                 yet
                 he
                 had
                 no
                 Crown
                 or
                 Diadem
                 to
                 grace
                 his
                 head
                 withal
                 ,
                 being
                 a
                 Minister
                 rather
                 to
                 put
                 another
                 Man's
                 Power
                 in
                 Ure
                 ,
                 then
                 any
                 that
                 wrought
                 by
                 his
                 own
                 Power
                 and
                 Authority
                 .
              
               And
               he
               on
               Verse
               the
               18th
               makes
               the
               
                 other
                 Angel
              
               to
               be
               a
               Martyr
               :
               viz.
               
                 Tho.
                 Cranmer
              
               ,
               and
               refers
               the
               meaning
               of
               the
               words
               ,
               
                 He
                 cryed
                 with
                 a
                 great
                 voice
                 to
                 him
                 that
                 had
                 the
                 Sickle
                 ,
              
               to
               
                 Cranmer
                 ,
                 because
              
               (
               saith
               he
               )
               
                 in
                 the
                 days
                 of
              
               Harry
               
                 the
                 8th
                 ,
                 he
                 inflamed
                 the
                 mind
                 of
              
               Tho.
               Cromwel
               ,
               
                 by
                 his
                 words
                 ,
                 with
                 a
                 desire
                 to
                 make
                 a
                 Vintage
                 .
              
            
          
           
             
               B.
               
            
             
               I
               thank
               you
               for
               diverting
               me
               with
               that
               passage
               of
               Brightman
               :
               but
               I
               can
               refer
               you
               to
               another
               Writer
               of
               our
               Church
               ,
               whose
               Authority
               will
               go
               further
               with
               us
               then
               
               Brightman's
               ,
               and
               who
               hath
               recorded
               it
               ,
               that
               the
               great
               figure
               that
               Cromwel
               made
               both
               in
               the
               Church
               and
               State
               ,
               and
               his
               and
               
               Cranmer's
               acting
               together
               in
               concert
               ,
               and
               by
               joynt
               Councels
               both
               in
               Church
               and
               at
               the
               Helm
               of
               State
               ,
               was
               so
               highly
               fortunate
               to
               the
               Reformation
               .
               You
               may
               find
               this
               observed
               by
               Archbishop
               Parker
               in
               his
               
                 De
                 Antiquitate
                 Ecclesi●…
                 Britannicoe
              
               ,
               p.
               530.
               where
               he
               saith
               ,
               
                 Namque
                 profligato
                 Papa
                 ,
                 &
                 susceptâ
                 Ecclesioe
                 Anglicanoe
                 defensione
                 ,
                 curâ
                 &
                 tutelâ
                 ,
                 Rex
                 excelsi●…ing
                 ●…ii
                 ,
                 &
                 multarum
                 rerum
                 usu
                 peritum
                 ,
              
               Thomam
               Cromwellum
               
                 Vicarium
                 suum
                 in
                 spiritualibus
                 generalem
                 designavit
                 .
                 Hic
                 cum
              
               Thoma
               Cranmero
               
                 Archiepiscopo
                 tanquam
                 in
                 puppi
                 sedit
                 .
                 clavumque
                 Ecclesioe
                 Anglicanoe
                 tenuit
                 ,
                 proramque
                 à
                 papali
                 littore
                 avertit
                 ,
                 &
                 in
                 Christianum
                 portum
                 reduxit
                 .
              
            
          
           
             
             
               A.
               
            
             
               Was
               ,
               
                 Vicar-general
                 to
                 the
                 King
                 in
                 Spirituals
                 ,
              
               Cromwel's
               style
               for
               his
               Office
               ,
               as
               the
               Archbishop
               there
               termed
               it
               .
            
          
           
             
               B.
               
            
             
               I
               am
               apt
               to
               think
               it
               was
               not
               .
               I
               never
               saw
               any
               Copy
               of
               his
               Patent
               or
               Commission
               for
               it
               .
               The
               Acts
               of
               Parliament
               in
               H.
               the
               8●…h's
               time
               style
               him
               ,
               
                 The
                 King's
                 Vicegerent
              
               ,
               &c.
               And
               the
               Statute
               of
               37
               
               o.
               H.
               8.
               beforemention'd
               that
               speaks
               of
               Bishops
               Vicars-General
               useth
               only
               the
               Style
               of
               Vicegerent
               for
               
               Cromwel's
               Office.
               And
               I
               have
               observ'd
               in
               his
               Injunctions
               to
               the
               Clergy
               ,
               that
               he
               styles
               himself
               
                 Lord
                 Privy
                 Seal
                 ,
                 Uice-gerent
                 to
                 King
              
               Henry
               the
               8th
               ,
               
                 for
                 all
                 his
                 Iurisdiction
                 Ecclesiastical
                 within
                 this
                 Realm
                 ,
              
               &c.
               
            
             
               But
               the
               word
               Vicar
               being
               perhaps
               by
               the
               envy
               of
               the
               Monks
               put
               on
               him
               and
               his
               Office
               in
               common
               Discourse
               (
               the
               word
               Vicar
               in
               the
               Proper
               signification
               of
               it
               ,
               signifying
               a
               Servant
               to
               a
               Servant
               ,
               according
               to
               that
               in
               
                 Martial
                 ,
                 Esse
                 sat
                 est
                 servum
                 ,
                 jam
                 nolo
                 Vicarius
                 esse
              
               )
               the
               Archbishop
               speaking
               
                 Cum
                 vulgo
              
               might
               then
               call
               him
               the
               King
               's
               Vicar-general
               ,
               and
               so
               others
               since
               .
            
             
               I
               should
               before
               have
               mention'd
               what
               he
               saith
               ,
               p.
               323.
               speaking
               of
               
                 Cromwel
                 ,
                 Inter
                 hunc
                 &
                 Cranmerum
                 summam
                 necessitudinem
                 Evangelium
                 conciliavit
                 ,
                 ut
                 dum
                 ille
                 Experientiâ
                 ,
                 hic
                 Doctrinâ
                 c●…nctos
                 ante●…elleret
                 ,
                 tum
                 utrique
                 Regi
                 intimi
                 &
                 chari
                 essent
                 .
                 Ex
                 horum
                 Consilio
                 ,
                 &
                 impiis
                 atque
                 odiosis
                 Papoe
                 &
                 Wolsoei
                 Cardinalis
                 Actis
                 summum
                 supplicium
                 ,
                 &
                 exitium
                 Romanoe
                 Curioe
                 divinitùs
                 paratum
                 est
                 .
              
            
          
           
             
               A.
               
            
             
               You
               have
               enough
               minded
               me
               of
               the
               King
               's
               dispensing
               with
               the
               disabiity
               incurr'd
               by
               the
               Canons
               both
               in
               the
               C
               se
               of
               Cromwel
               a
               Lay-man
               intermedling
               in
               Ecclesiastical
               Matters
               ,
               and
               of
               C●…anmer
               a
               Clergyman
               intermedling
               in
               secular
               ,
               proving
               so
               necessary
               to
               the
               Reformation
               ,
               and
               accordingly
               as
               Queen
               
               Elizabeth's
               dispensing
               with
               disability
               proved
               so
               to
               the
               Establishment
               of
               the
               present
               Hierarchy
               of
               the
               Church
               of
               England
               .
               And
               I
               shall
               most
               seriously
               consider
               what
               the
               Act
               of
               the
               37th
               of
               H.
               the
               8th
               ,
               hath
               in
               such
               plain
               and
               liquid
               terms
               declared
               of
               
                 the
                 Power
                 given
                 to
                 the
                 King
                 by
                 Scripture
                 ,
              
               and
               to
               
                 all
                 such
                 Persons
                 as
                 he
                 shall
                 appoint
                 ,
                 
                   to
                   exercise
                   Ecclesiastical
                   Iurisdiction
                
                 ,
              
               however
               incapacitated
               so
               to
               do
               by
               lawful
               Canons
               and
               Constitutions
               ,
               and
               which
               were
               by
               that
               Eminent
               Iustitiary
               you
               mention'd
               held
               Equivalent
               to
               Acts
               of
               Parliament
               :
               and
               shall
               grant
               that
               i●…
               never
               so
               many
               Acts
               of
               Parliament
               had
               attempted
               to
               deprive
               the
               King
               of
               a
               Power
               inherent
               in
               him
               by
               Scripture
               ,
               such
               attempt
               would
               be
               nugatory
               ,
               and
               the
               
                 fremuerunt
                 gentes
              
               against
               it
               ,
               would
               be
               but
               the
               
                 Peoples
                 imagining
                 a
                 vain
                 thing
              
               .
               And
               I
               shall
               consider
               it
               how
               far
               by
               clear
               and
               necessary
               Consequences
               ,
               and
               no
               wire-drawn
               ones
               ,
               it
               follows
               from
               what
               is
               declared
               by
               this
               Act
               of
               Parliament
               ,
               as
               to
               the
               
               King
               's
               being
               authorized
               by
               Scripture
               to
               choose
               some
               sorts
               of
               Officers
               to
               serve
               the
               Crown
               in
               Church
               and
               State
               ,
               that
               he
               is
               so
               authorized
               to
               choose
               others
               ;
               in
               like
               manner
               as
               you
               mention'd
               it
               to
               me
               declared
               by
               the
               Scotch
               Act
               of
               Parliament
               ,
               that
               
                 the
                 King
                 by
                 virtue
                 of
                 the
                 Royal
                 Power
                 he
                 holds
                 from
                 God
                 All-mighty
                 is
                 to
                 have
                 the
                 SOLE
                 choice
                 and
                 appointment
                 of
                 the
                 Officers
                 of
                 the
                 State
                 ,
              
               &c.
               
               But
               (
               I
               Pray
               )
               do
               not
               many
               other
               Acts
               of
               Parliament
               in
               Harry
               the
               8ths
               time
               ,
               whereby
               the
               Royal
               Prerogative
               is
               so
               much
               advanced
               ,
               and
               particularly
               that
               of
               the
               25th
               of
               Harry
               the
               8th
               ,
               that
               sets
               up
               the
               Dispensative
               Power
               ,
               seem
               to
               make
               it
               depend
               on
               Statute-Law
               ?
               And
               may
               it
               not
               seem
               to
               be
               more
               than
               a
               flaw
               in
               the
               Diamond
               of
               Prerogative
               ,
               and
               a
               great
               depretiating
               of
               it
               in
               cutting
               it
               out
               (
               as
               it
               were
               )
               into
               four
               ,
               by
               making
               its
               Establishment
               depend
               on
               the
               King
               and
               three
               Estates
               ?
            
          
           
             
               B.
               
            
             
               I
               shall
               therefore
               here
               once
               for
               all
               tell
               you
               ,
               that
               the
               occasion
               of
               so
               many
               mens
               mistake
               in
               thinking
               so
               many
               of
               those
               Acts
               of
               Parliament
               in
               Harry
               the
               8th's
               time
               prejudicial
               to
               Prerogative
               ,
               as
               seeming
               to
               found
               it
               on
               Statute-Law
               ,
               is
               their
               not
               considering
               that
               such
               Statutes
               were
               but
               declaratory
               of
               old
               Laws
               ,
               and
               not
               introductive
               of
               new
               ones
               .
               My
               Lord
               Primate
               
               Bramhal
               in
               his
               
                 Schism
                 guarded
              
               ,
               p.
               155.
               saith
               ,
               
                 I
                 profess
                 clearly
                 I
                 do
                 not
                 see
                 what
                 advantage
              
               Henry
               
                 the
                 8th
                 could
                 make
                 of
                 his
                 own
                 Laws
                 ,
                 which
                 he
                 might
                 not
                 have
                 made
                 of
                 the
                 ancient
                 Laws
                 ,
                 except
                 only
                 a
                 gawdy
                 Title
                 of
                 Head
                 of
                 the
                 English
                 Church
                 which
                 survived
                 him
                 not
                 long
                 ,
                 and
                 the
                 Tenths
                 and
                 first-fruits
                 of
                 the
                 Clergy
                 ,
              
               &c.
               
            
             
               But
               you
               may
               as
               fully
               take
               notice
               how
               Harry
               the
               8th
               throughout
               his
               great
               Declarative
               Laws
               so
               often
               declares
               in
               effect
               his
               Regal
               Power
               to
               be
               given
               him
               by
               God.
               My
               Lord
               Coke
               in
               his
               
               Caudry's
               Case
               ,
               instanceth
               in
               the
               famous
               Statute
               of
               24
               o
               H.
               8.
               c.
               12.
               and
               calls
               it
               
                 declaratory
                 of
                 the
                 ancient
                 Law
              
               ,
               and
               you
               see
               how
               it
               is
               declared
               there
               ,
               That
               
                 the
                 King
                 is
                 by
                 the
                 goodness
                 of
                 God
                 furnish'd
                 with
                 Prerogative
                 ,
              
               &c.
               And
               the
               Statute
               of
               37
               o
               H.
               8.
               begins
               as
               I
               shew'd
               you
               with
               the
               three
               Estates
               ,
               DECLARING
               ,
               
                 That
                 the
                 King's
                 Majesty
                 is
                 and
                 hath
                 always
                 justly
                 been
                 Supreme
                 Head
                 in
                 the
                 Earth
                 of
                 the
                 Church
                 of
              
               England
               
                 by
                 the
                 Word
                 of
                 God.
              
               You
               know
               too
               how
               the
               style
               runs
               in
               another
               of
               his
               Acts
               of
               Parliament
               ,
               viz.
               
                 The
                 Bishop
                 of
              
               Rome
               
                 and
                 See
                 Apostolick
                 ,
                 contrary
                 to
                 the
                 great
                 and
                 inviolable
                 Grants
                 of
                 Iurisdictions
                 by
                 God
                 immediately
                 to
                 Emperors
                 ,
                 Kings
                 ,
                 and
                 Princes
                 ,
              
               &c.
               
               And
               thus
               tho
               there
               are
               various
               Statutes
               in
               his
               Reign
               ,
               and
               particularly
               that
               of
               the
               25th
               year
               of
               his
               Reign
               ,
               c.
               19.
               by
               which
               it
               was
               Enacted
               ,
               
                 That
                 the
                 King's
                 Highness
                 shall
                 have
                 Power
                 and
                 Authority
                 to
                 nominate
                 and
                 assign
                 at
                 his
                 pleasure
                 Two
                 and
                 thirty
                 persons
                 ,
                 whereof
                 Sixteen
                 to
                 be
                 of
                 the
                 Clergy
                 ,
                 and
                 Sixteen
                 of
                 the
                 Temporalty
                 of
                 the
                 Upper
                 and
                 Nether
                 House
                 of
                 the
                 Parliament
                 to
                 view
                 ,
                 search
                 ,
                 and
                 examine
                 the
                 Canous
                 ,
                 Constitutions
                 and
                 Ordinances
                 Provincial
                 ,
                 and
                 that
                 such
                 of
                 them
                 as
                 the
                 King's
                 Highness
                 and
                 the
                 said
                 Two
                 and
                 thirty
                 or
                 the
                 Major
                 part
                 of
                 them
                 shall
                 deém
                 and
                 adjudge
                 worthy
                 to
                 be
                 continued
                 ,
                 kept
                 and
                 obey'd
                 ,
                 shall
                 bē
                 from
                 henceforth
                 kept
                 obey'd
                 and
                 executed
                 within
                 this
                 Realm
                 ,
                 so
                 that
                 the
                 Kings
                 most
                 Royal
                 assent
                 under
                 his
                 Great
                 Seal
                 be
                 first
                 had
                 to
                 the
                 same
                 ,
              
               &c.
               and
               tho
               according
               to
               the
               ancient
               usage
               of
               the
               Realm
               as
               well
               as
               to
               those
               Canons
               Lay-men
               were
               not
               only
               incapacitated
               to
               make
               Ecclesiastical
               Constitutions
               and
               Canons
               ,
               but
               
                 Kings
                 ,
                 Bishops
                 ,
                 or
                 Noblemen
                 who
                 believed
                 that
                 the
                 Decrees
                 of
                 the
                 Bishops
                 of
              
               Rome
               
                 may
                 be
                 violated
                 or
                 shall
                 suffer
                 them
                 so
                 to
                 be
                 ,
              
               are
               in
               the
               Canon
               Law
               anathematized
               ,
               yet
               as
               this
               enacting
               Clause
               was
               made
               on
               the
               
               Clergy's
               Petition
               to
               the
               King
               (
               as
               the
               Preamble
               of
               the
               Act
               mentions
               )
               
                 that
                 those
                 Constitutions
                 and
                 Canons
                 may
                 be
                 committed
                 to
                 the
                 Examination
                 and
                 Iudgment
                 of
                 his
                 Highness
                 ,
                 and
                 of
                 Two
                 and
                 Thirty
                 persons
                 of
                 the
                 King's
                 Subjects
                 ,
                 whereof
                 sixteen
                 were
                 to
                 be
                 of
                 the
                 Upper
                 and
                 Nether
                 House
                 of
                 the
                 Parliament
                 ,
                 of
                 the
                 Temporalty
                 ;
                 and
                 all
                 the
                 said
                 Two
                 and
                 thirty
                 persons
                 to
                 be
                 chosen
                 and
                 appointed
                 by
                 the
                 King's
                 Majesty
                 ,
              
               &c.
               and
               be
               empower'd
               to
               do
               what
               I
               mention'd
               out
               of
               the
               enacting
               Clause
               (
               and
               whereby
               the
               King
               alone
               was
               in
               effect
               both
               according
               to
               the
               
               Clergy's
               Petition
               ,
               and
               the
               enacting
               Clause
               vested
               with
               the
               
                 jus
                 vitoe
                 &
                 necis
              
               of
               the
               Canons
               )
               so
               in
               a
               Memorable
               Epistle
               of
               Harry
               the
               8th
               .
               Printed
               before
               the
               
                 Reformatio
                 legum
                 Ecclesiasticarum
              
               ,
               and
               intended
               as
               a
               draught
               for
               a
               Publication
               or
               Promulgation
               of
               the
               King
               's
               new
               Ecclesiastical
               Laws
               ,
               after
               the
               draught
               of
               them
               had
               been
               by
               those
               Clergymen
               and
               Laymen
               prepared
               for
               his
               Royal
               Consideration
               ,
               and
               been
               by
               him
               establish'd
               ,
               he
               there
               declares
               his
               Power
               of
               so
               doing
               to
               be
               pursuant
               to
               his
               
                 Supreme
                 Headship
                 of
                 the
                 Church
                 of
                 England
              
               recogniz'd
               ,
               
                 quemadmodum
                 divini
                 atque
                 humani
                 juris
                 tatio
                 postulat
                 ,
              
               and
               mentions
               ,
               
                 the
                 Power
                 granted
                 to
                 him
                 and
                 his
                 Ancestors
                 
                   ipso
                   jure
                   divino
                
                 ,
              
               as
               recognized
               ,
               and
               applies
               to
               himself
               the
               words
               Sapientioe
               ,
               cap.
               7.
               
               
                 Audite
                 Reges
                 &
                 intelligite
                 quoniam
                 data
                 est
                 a
                 Domino
                 potestas
                 vobis
                 ,
              
               &c.
               and
               founding
               his
               Power
               of
               making
               Ecclesiastical
               Laws
               on
               that
               
                 jus
                 Divinum
              
               ,
               he
               saith
               ,
               
                 En
                 vobis
                 authoritate
                 nostra
                 editas
                 leges
                 damus
                 ,
              
               &c.
               
            
             
             
               And
               here
               I
               shall
               tell
               you
               that
               as
               
                 my
                 Lord
              
               Coke
               in
               Cawdry's
               Case
               calls
               the
               Act
               of
               the
               24th
               of
               H.
               8.
               beforemention'd
               ,
               An
               
                 Act
                 declaratory
              
               of
               the
               Ancient
               Law
               ;
               so
               he
               likewise
               doth
               the
               Act
               of
               the
               25th
               of
               his
               Reign
               ,
               c.
               21.
               that
               so
               much
               props
               up
               the
               Dispensative
               Power
               .
               And
               I
               assure
               you
               that
               they
               look
               but
               at
               a
               few
               things
               in
               general
               ,
               and
               in
               that
               Statute
               in
               particular
               ,
               who
               think
               that
               the
               Dispensative
               Power
               inherent
               in
               the
               King
               lost
               any
               ground
               thereby
               :
               and
               he
               who
               takes
               the
               Statute
               altogether
               ,
               will
               find
               that
               that
               Power
               if
               it
               seem'd
               in
               any
               words
               to
               go
               back
               from
               it self
               ,
               was
               but
               by
               such
               retreat
               to
               leap
               the
               further
               forward
               .
            
             
               For
               if
               you
               will
               take
               a
               glancing
               view
               of
               the
               intent
               of
               that
               Statute
               to
               that
               end
               ,
               you
               will
               see
               that
               instead
               of
               that
               Law
               making
               it self
               to
               be
               the
               Fountain
               of
               the
               Dispensative
               Power
               ,
               it
               makes
               the
               Dispensative
               Power
               to
               be
               the
               very
               Fountain
               of
               a
               great
               part
               of
               the
               Common
               Law
               it self
               :
               for
               its
               style
               gives
               you
               the
               figure
               of
               our
               Laws
               ,
               as
               either
               
                 devised
                 ,
                 made
                 and
                 obtain'd
                 within
                 this
                 Realm
                 for
                 the
                 wealth
                 of
                 the
                 same
                 ,
                 or
                 such
                 as
                 by
                 SUFFERANCE
                 of
                 your
                 Grace
                 and
                 your
                 Progenitors
              
               (
               which
               is
               a
               Dispensation
               by
               way
               of
               Permission
               or
               
                 Connivence
                 )
                 
                   the
                   People
                   of
                   this
                   your
                   Realm
                   have
                   taken
                   at
                   their
                   free
                   Liberty
                   by
                   their
                   own
                   Consent
                   to
                   be
                   used
                   among
                   them
                   ,
                   and
                   have
                   bound
                   themselves
                   by
                   long
                   use
                   and
                   Custom
                   to
                   the
                   observance
                   of
                   the
                   same
                
              
               ,
               &c.
               
               And
               the
               King
               in
               his
               Legislative
               Capacity
               having
               with
               the
               consent
               of
               the
               three
               Estates
               superseded
               the
               
               Pope's
               Dispensative
               Power
               that
               had
               so
               long
               Usurp'd
               on
               the
               King's
               Laws
               ,
               and
               having
               provided
               that
               the
               Money
               that
               should
               be
               paid
               as
               Fees
               for
               Dispensations
               should
               be
               rais'd
               and
               moderated
               by
               their
               Consent
               ,
               obtain'd
               from
               them
               a
               Clause
               in
               the
               Act
               containing
               so
               great
               a
               deference
               to
               the
               Dispensative
               Power
               of
               the
               Crown
               ,
               as
               that
               after
               the
               Act
               had
               authorized
               the
               Archbishop
               of
               Canterbury
               and
               his
               
                 Successors
                 
                   to
                   grant
                   such
                   Dispensations
                   ,
                   Licences
                   and
                   Faculties
                   as
                   were
                   accustomed
                   to
                   be
                   had
                   from
                   the
                   See
                   of
                
              
               Rome
               ,
               
                 and
                 not
                 grant
                 any
                 others
                 till
                 the
                 King
                 ,
                 his
                 Heirs
                 and
                 Successors
                 ,
                 or
                 their
                 Councel
                 were
                 first
                 advertised
                 thereof
                 ,
                 and
                 determined
                 whether
                 they
                 should
                 pass
                 :
              
               It
               Provided
               that
               
                 if
                 it
                 were
                 thought
                 and
                 determin'd
                 by
                 the
                 King
                 ,
                 his
                 Heirs
                 and
                 Successors
                 ,
                 or
                 their
                 Councel
                 ,
                 that
                 Dispensations
                 ,
                 Faculties
                 ,
                 Licences
                 ,
                 or
                 other
                 Writings
                 in
                 any
                 such
                 Case
                 UNWONT
                 shall
                 pass
                 ,
                 that
                 then
                 the
                 said
                 Archbishop
                 or
                 his
                 Commissary
                 having
                 Licence
                 of
                 His
                 Majesty
                 ,
                 his
                 Heirs
                 and
                 Successors
                 for
                 the
                 same
                 shall
                 dispense
                 with
                 them
                 accordingly
                 :
                 and
                 in
                 Case
                 of
                 his
                 refusing
                 to
                 dispense
                 ,
                 that
                 any
                 other
                 two
                 Bishops
                 ,
                 the
                 King
                 ,
                 his
                 Heirs
                 and
                 Successors
                 should
                 nominate
                 ,
                 should
                 be
                 appointed
                 to
                 dispense
                 in
                 such
                 Cases
                 .
              
               And
               this
               Act
               with
               all
               the
               Clauses
               in
               it
               ,
               you
               find
               reviv'd
               by
               the
               1st
               .
               of
               Elizabeth
               ,
               c.
               1.
               
            
             
               The
               Pope's
               rehabilitations
               did
               customarily
               extend
               to
               Lay-men
               as
               well
               as
               Clergy-men
               ,
               and
               that
               particularly
               in
               case
               of
               Heterodoxy
               in
               Religion
               ,
               then
               call'd
               Heresy
               ,
               which
               both
               by
               ancient
               usage
               and
               Acts
               of
               Parliament
               loaded
               men
               with
               various
               incapacities
               .
               And
               his
               relaxing
               the
               incapacities
               that
               relate
               to
               Clergy-men
               ,
               any
               one
               may
               see
               by
               the
               
                 Taxa
                 Cameroe
              
               and
               the
               Fees
               thereby
               payable
               ,
               viz.
               in
               the
               Age
               of
               those
               who
               were
               to
               take
               Orders
               and
               were
               defective
               in
               some
               of
               their
               Members
               ,
               and
               in
               the
               Case
               of
               Clergy-mens
               incapacity
               incurr'd
               by
               irregularity
               .
               But
               after
               this
               Act
               of
               the
               25.
               of
               H.
               the
               8th
               ,
               had
               shew'd
               the
               World
               the
               Authority
               the
               King
               had
               to
               rehabilitate
               and
               dispense
               here
               in
               his
               own
               Country
               both
               as
               to
               matters
               customarily
               dispens'd
               with
               at
               Rome
               ,
               and
               such
               as
               were
               not
               so
               ,
               and
               how
               small
               the
               Fees
               were
               for
               the
               same
               ,
               the
               bringing
               rehabilitations
               ,
               and
               
                 Perinde
                 valere's
              
               from
               Rome
               to
               England
               ,
               was
               like
               carrying
               Coals
               to
               New-Castle
               .
            
          
           
             
             
               A.
               
            
             
               I
               was
               not
               satisfy'd
               with
               your
               extending
               the
               King's
               Power
               of
               Dispensing
               here
               as
               far
               as
               the
               Pope's
               reach'd
               ,
               and
               it
               seems
               you
               extend
               it
               further
               .
               I
               hope
               you
               intend
               not
               to
               bring
               in
               here
               the
               Tax
               of
               
                 the
                 Apostolical
                 Chancery
              
               ,
               and
               which
               Mr.
               Crashaw
               translating
               into
               English
               in
               the
               year
               1625.
               call'd
               it
               ,
               
                 The
                 Rates
                 of
                 the
                 Pope's
                 Custom-house
                 ,
              
               and
               wherein
               are
               contain'd
               Indulgences
               for
               Sins
               past
               ,
               present
               and
               to
               come
               ,
               and
               such
               a
               kind
               of
               Pardoning
               Power
               as
               in
               
                 The
                 historical
                 Narration
                 of
                 the
                 first
                 Fourteen
                 years
                 of
                 King
              
               James
               ,
               appear'd
               to
               that
               King
               so
               scandalous
               in
               the
               Case
               of
               the
               Draught
               of
               the
               Earl
               of
               Somerset's
               Pardon
               ,
               and
               in
               which
               Sir
               
                 Robert
                 Cotton
              
               having
               been
               desired
               by
               the
               Earl
               to
               find
               out
               the
               largest
               Pardon
               that
               former
               Presidents
               could
               shew
               ,
               brought
               him
               one
               that
               was
               made
               by
               the
               Pope
               to
               Cardinal
               Wolsey
               ,
               and
               by
               a
               
                 fac
                 simile
              
               after
               which
               ,
               the
               Draught
               of
               the
               Earls
               ran
               for
               Pardoning
               all
               manner
               of
               Felonies
               and
               Treasons
               committed
               and
               to
               be
               committed
               .
            
          
           
             
               B.
               
            
             
               Premising
               to
               you
               that
               the
               Christian
               offices
               do
               more
               call
               on
               you
               to
               mind
               what
               Sins
               you
               dispense
               with
               in
               your self
               ,
               then
               what
               the
               Pope
               dispenseth
               with
               in
               others
               ,
               and
               that
               this
               present
               Pope
               hath
               spoil'd
               the
               Trade
               of
               raillery
               about
               Indulgences
               by
               spoiling
               the
               Trade
               of
               them
               ,
               and
               damning
               so
               great
               a
               number
               of
               them
               ,
               and
               that
               in
               his
               vast
               Supplies
               of
               Money
               toward
               the
               taking
               of
               Buda
               ,
               the
               Souls
               in
               Purgatory
               contributed
               nothing
               ,
               and
               that
               Sir
               
                 Paul
                 Ricaut
              
               in
               the
               Life
               of
               
                 this
                 Pope
              
               ,
               having
               done
               right
               to
               his
               Vertue
               ,
               in
               mentioning
               
                 his
                 having
                 suppress'd
                 an
                 Office
                 of
                 the
                 Virgin
              
               Mary
               ,
               
                 and
                 a
                 multitude
                 of
                 Indulgences
              
               ,
               hath
               further
               judiciously
               observ'd
               ,
               That
               
                 Wisemen
                 at
                 the
                 Councel
                 of
              
               Trent
               
                 finding
                 that
                 the
                 Doctrine
                 of
                 Indulgences
                 was
                 not
                 solid
                 ,
                 did
                 but
                 slightly
                 touch
                 it
                 ;
                 and
                 tho
                 yet
                 it
                 was
                 the
                 CHIEF
                 matter
                 for
                 which
                 that
                 Councel
                 was
                 assembled
                 ,
                 nothing
                 was
                 determin'd
                 therein
                 ,
                 but
                 only
                 that
                 Indulgences
                 be
                 used
                 with
                 such
                 Moderation
                 as
                 was
                 approved
                 by
                 the
                 Ancient
                 Custom
                 of
                 the
                 Church
                 ,
                 that
                 is
                 ,
                 not
                 at
                 all
              
               ;
               I
               say
               premising
               all
               this
               ,
               I
               shall
               mind
               you
               that
               I
               have
               said
               enough
               already
               to
               let
               you
               see
               that
               it
               is
               only
               the
               ancient
               Dispensative
               Iurisdiction
               of
               the
               Crown
               that
               I
               direct
               you
               to
               prop
               up
               ,
               and
               more
               particularly
               with
               respect
               to
               the
               Case
               before
               you
               .
            
             
               While
               we
               are
               considering
               the
               Obligation
               of
               an
               Oath
               ,
               it
               were
               pity
               that
               the
               thoughts
               of
               either
               of
               us
               should
               be
               embarras'd
               with
               Moot-points
               ;
               and
               so
               without
               troubling
               you
               with
               a
               reference
               to
               More
               ,
               f.
               463.
               
                 where
                 all
                 the
                 Power
                 of
                 the
                 Pope
                 is
                 not
                 given
                 to
                 the
                 King
                 by
                 the
                 25th
                 of
              
               H.
               
                 the
                 8th
                 ,
                 but
                 is
                 extinct
                 ,
              
               Hallywel
               '
               
                 s
                 Case
              
               ;
               or
               to
               the
               quite
               contrary
               in
               More
               542.
               
               
                 Armiger's
                 Case
              
               ,
               I
               shall
               most
               consult
               the
               ease
               of
               your
               thoughts
               by
               directing
               them
               to
               what
               interpretation
               my
               Lord
               Coke
               in
               Cawdrys
               Case
               gives
               as
               to
               the
               words
               of
               the
               Statute
               of
               1
               o
               Eliz.
               and
               where
               he
               saith
               ,
               
                 that
                 that
                 Act
                 doth
                 not
                 annex
                 any
                 Iurisdiction
                 to
                 the
                 Crown
                 but
                 what
                 was
                 of
                 right
                 or
                 ought
                 to
                 be
                 by
                 the
                 Ancient
                 Laws
                 of
                 this
                 Realm
                 ,
                 parcel
                 of
                 the
                 King's
                 Iurisdiction
                 ,
              
               &c.
               
                 and
                 which
                 lawfully
                 had
                 been
                 or
                 might
                 be
                 exercised
                 within
                 the
                 Realm
                 .
                 The
                 end
                 of
                 which
                 Iurisdiction
                 ,
                 and
                 of
                 all
                 the
                 Proceedings
                 thereupon
                 ,
                 that
                 all
                 things
                 might
                 be
                 done
                 in
                 Causes
                 Ecclesiastical
                 to
                 the
                 Pleasure
                 of
                 Almighty
                 God
                 ,
                 encrease
                 of
                 Vertue
                 ,
                 and
                 the
                 Conservation
                 of
                 the
                 Peace
                 and
                 Unity
                 of
                 the
                 Realm
                 ,
                 as
                 by
                 divers
                 places
                 of
                 the
                 Act
                 appears
                 .
                 And
                 therefore
                 by
                 this
                 Act
                 no
                 pretended
                 Iurisdiction
                 exercised
                 within
                 this
                 Realm
                 being
                 ungodly
                 ,
                 or
                 repugnant
                 to
                 the
                 ancient
                 Law
                 of
                 the
                 Crown
                 ,
                 was
                 or
                 could
                 be
                 restored
                 to
                 the
                 Crown
                 according
                 to
                 the
                 ancient
                 Right
                 and
                 Law
                 of
                 the
                 same
                 .
              
            
             
               And
               here
               I
               may
               tell
               you
               ,
               that
               as
               the
               Pope
               did
               often
               dispense
               with
               incapacity
               incurr'd
               by
               his
               Positive
               Laws
               ,
               and
               that
               even
               in
               the
               use
               of
               the
               Power
               of
               the
               Keys
               ,
               as
               by
               his
               delegating
               the
               Power
               of
               Excommunication
               to
               Lay-men
               ,
               and
               to
               Abbesses
               as
               aforesaid
               ;
               so
               our
               Kings
               d
               d
               anciently
               by
               their
               
                 Letters
                 Patents
              
               and
               Charters
               ,
               grant
               Power
               to
               those
               who
               were
               no
               
                 Bishops
                 ,
                 Ordinaries
              
               ,
               
               or
               Ecclesiastical
               Iudges
               or
               Officers
               to
               inflict
               Ecclesiastical
               Censures
               of
               the
               
                 greater
                 Excommunication
              
               on
               Offenders
               ,
               and
               that
               for
               Causes
               not
               merely
               Spiritual
               or
               Ecclesiastical
               with
               Power
               to
               Certify
               them
               into
               Chancery
               ,
               and
               thereupon
               to
               obtain
               
                 Writs
                 de
                 Excommunicato
                 Capiendo
              
               ,
               as
               Mr.
               Prynne
               tells
               us
               in
               his
               
                 Animadversions
                 on
                 the
                 Fourth
                 part
                 of
                 the
                 Institutes
                 ,
              
               and
               there
               cites
               the
               President
               of
               Edward
               the
               Third
               ,
               thus
               empow'ring
               the
               Chancellor
               of
               the
               University
               of
               Oxford
               ,
               tho
               a
               Lay-man
               so
               to
               do
               ,
               and
               so
               to
               Punish
               
                 Breakers
                 of
                 the
                 Peace
                 ,
                 Offenders
                 against
                 the
                 Statutes
                 ,
                 Privileges
                 and
                 Customs
                 of
                 the
                 University
                 ,
                 and
                 all
                 Forestallers
                 ,
                 and
                 Regraters
                 ,
                 and
                 Sellers
                 of
                 corrupt
                 Meat
                 and
                 Wine
                 ,
                 and
                 to
                 Excommunicate
                 such
                 who
                 refused
                 to
                 cleanse
                 the
                 Streets
                 from
                 filth
                 ,
                 and
                 to
                 Pave
                 them
                 before
                 their
                 Doors
                 ,
                 and
                 this
              
               (
               he
               saith
               )
               
                 was
                 confirm'd
                 by
                 sundry
                 succeeding
                 Statutes
                 of
                 our
                 Princes
                 .
              
            
             
               In
               what
               particulars
               it
               is
               by
               this
               Statute
               of
               the
               25.
               of
               H.
               the
               8th
               .
               warranted
               that
               the
               
                 King
                 ,
                 his
                 Heirs
                 and
                 Successors
              
               may
               dispense
               with
               Persons
               and
               in
               Causes
               that
               the
               Papacy
               was
               never
               accustomed
               to
               dispense
               in
               ,
               I
               shall
               not
               trouble
               you
               or
               my self
               to
               enquire
               :
               but
               shall
               tell
               you
               ,
               that
               Mr.
               Nye
               in
               his
               Book
               call'd
               
                 Two
                 Acts
                 of
                 Parliament
              
               ,
               and
               wherein
               are
               contain'd
               his
               
                 Observations
                 on
                 the
                 Oath
                 of
                 Supremacy
                 ,
              
               doth
               in
               p.
               164.
               cite
               this
               Statute
               of
               25.
               
               H.
               8.
               c.
               21.
               and
               thereupon
               say
               ,
               
                 the
                 King's
                 Majesty
                 may
                 dispense
                 with
                 any
                 of
                 those
                 Canons
                 or
                 Ecclesiastical
                 Laws
                 ,
              
               (
               meaning
               the
               King
               's
               Ecclesiastical
               Laws
               )
               
                 indulge
                 the
                 Omission
                 of
                 what
                 is
                 enjoyn'd
                 by
                 them
                 :
                 make
                 void
                 the
                 Crime
                 and
                 remove
                 the
                 Penalty
                 incurred
                 by
                 breach
                 of
                 them
                 :
                 yea
                 ,
                 and
                 give
                 faculty
                 to
                 do
                 and
                 practice
                 otherwise
                 ,
                 any
                 Synodal
                 Establishment
                 ,
                 or
                 long
                 usage
                 to
                 the
                 Contrary
                 notwithstanding
                 ,
                 in
                 what
                 offends
                 not
                 the
                 Holy
                 Scripture
                 and
                 Laws
                 of
                 GOD.
                 
              
            
             
               And
               therefore
               when
               our
               Soveraign
               in
               the
               course
               of
               his
               Ecclesiastical
               Supremacy
               ,
               doth
               only
               dispense
               with
               incapacity
               ,
               we
               are
               sure
               he
               goes
               not
               to
               the
               height
               of
               the
               Dispensative
               Power
               justify'd
               in
               him
               by
               that
               Statute
               :
               nothing
               having
               been
               more
               customary
               to
               the
               Papacy
               then
               rehabilitation
               .
            
             
               It
               was
               upon
               the
               Revival
               of
               this
               Statute
               of
               Harry
               the
               8th
               ,
               by
               that
               first
               of
               Queen
               Eliz.
               c.
               1.
               that
               she
               ,
               according
               to
               the
               Papal
               custom
               of
               dispensing
               with
               the
               Commutation
               of
               Penance
               ,
               did
               in
               her
               Articles
               in
               the
               Synod
               began
               at
               London
               ,
               A.
               D.
               1548.
               establish
               one
               
                 De
                 moderandâ
                 solennis
                 Poenitentioe
                 Commutatione
              
               ,
               whereby
               she
               orders
               ,
               that
               
                 such
                 Commutation
                 shall
                 be
                 but
                 seldom
                 and
                 for
                 weighty
                 Causes
                 ,
                 and
                 when
                 it
                 shall
                 appear
                 to
                 the
                 Bishop
                 that
                 that
                 way
                 is
                 the
                 safer
                 to
                 reform
                 the
                 guilty
                 Person
                 ,
                 and
                 that
                 the
                 Commutation-Money
                 be
                 employ'd
                 to
                 Pious
                 uses
                 .
              
               And
               then
               follows
               
                 the
                 Title
                 .
                 
                   De
                   Moderandis
                   quibusdam
                   Indulgentus
                   pro
                   Celebratione
                   Matrimonii
                   absque
                   trinundinâ
                   denunciatione
                   quam
                   bannos
                   vocant
                   Matrimoniales
                
              
               ,
               where
               you
               will
               find
               she
               makes
               Faculties
               and
               Indulgences
               all
               one
               .
            
             
               And
               as
               I
               have
               shew'd
               you
               how
               she
               thought
               it
               necessary
               for
               the
               safety
               of
               her
               Subjects
               Consciences
               to
               exercise
               her
               Dispensative
               Power
               of
               interpreting
               ,
               and
               of
               relaxing
               disabilities
               occasion'd
               by
               the
               very
               first
               Statute
               of
               her
               Reign
               ,
               and
               how
               soon
               she
               put
               the
               Dispensative
               Power
               of
               those
               kinds
               in
               practice
               ,
               which
               by
               that
               Statute
               were
               restored
               and
               united
               to
               her
               Imperial
               Crown
               ,
               so
               I
               may
               observe
               to
               you
               that
               shortly
               after
               the
               making
               of
               the
               Second
               Statute
               in
               her
               Reign
               ,
               viz.
               That
               for
               
                 Uniformity
                 of
                 Prayer
                 and
                 Administration
                 of
                 Sacraments
                 ,
              
               which
               punisheth
               with
               
                 Premunire
                 ,
                 Sequestration
                 ,
                 and
                 Deprivation
                 ,
                 and
                 Excommunication
              
               (
               which
               while
               it
               is
               depending
               is
               so
               variously
               inclusive
               of
               disability
               )
               the
               not
               using
               the
               Book
               of
               Common-Prayer
               as
               Publish'd
               in
               English
               ;
               she
               by
               her
               
                 Letters
                 Patents
              
               dated
               the
               6th
               of
               April
               in
               the
               Second
               year
               of
               her
               Reign
               ,
               and
               A.
               1560.
               alloweth
               the
               use
               of
               
                 Latine
                 Prayers
                 to
                 the
                 Colleges
                 of
                 both
                 Universities
                 ,
                 and
                 to
              
               Eaton
               and
               Winchester
               
               Colleges
               ,
               with
               a
               particular
               Non-obstante
               to
               that
               Statute
               :
               a
               Copy
               of
               which
               
                 Letters
                 Patents
              
               may
               be
               seen
               in
               Bishop
               
                 Sparrow's
                 Collection
                 of
                 Articles
              
               ,
               &c.
               
               And
               I
               have
               before
               acquainted
               you
               in
               general
               ,
               how
               in
               her
               
                 Letters
                 Patents
              
               for
               the
               Consecrating
               new
               Bishops
               ,
               she
               expresly
               dispens'd
               with
               incapacity
               .
            
             
               But
               what
               may
               perhaps
               seem
               to
               you
               as
               a
               new
               Indication
               of
               her
               being
               the
               better
               able
               to
               dispense
               with
               it
               ,
               is
               an
               Instance
               I
               shall
               give
               you
               of
               her
               making
               incapacity
               by
               her
               Supreme
               Ecclesiastical
               Power
               .
               The
               instance
               of
               her
               thus
               making
               incapacity
               ,
               is
               a
               thing
               that
               Mr.
               Nye
               in
               his
               
                 Beams
                 of
                 former
                 Light
              
               reflects
               on
               as
               strange
               :
               for
               he
               there
               in
               p.
               201.
               referring
               to
               Queen
               
                 Elizabeth's
                 Injunctions
              
               ,
               A.
               1559.
               
               Injunct
               .
               29.
               viz.
               
                 It
                 is
                 thought
                 very
                 necessary
                 that
                 no
                 manner
                 of
                 Priest
                 or
                 Deacon
                 shall
                 hereafter
                 take
                 to
                 his
                 Wife
                 any
                 manner
                 of
                 Woman
                 without
                 the
                 Advice
                 and
                 Allowance
                 first
                 had
                 by
                 the
                 Bishop
                 of
                 the
                 Diocese
                 ,
                 and
                 two
                 Iustices
                 of
                 the
                 Peace
                 next
                 to
                 the
                 place
                 of
                 her
                 abode
                 ,
              
               &c.
               
                 and
                 if
                 any
                 shall
                 do
                 otherwise
                 ,
                 they
                 shall
                 not
                 be
                 permitted
                 to
                 Preach
                 the
                 Word
                 ,
                 or
                 give
                 Sacraments
                 ,
                 nor
                 be
                 Capable
                 of
                 any
                 Ecclesiastical
                 Benefice
              
               ;
               saith
               then
               ,
               
                 Doth
                 this
                 seem
                 strange
                 now
                 ?
                 It
                 seem'd
                 very
                 necessary
                 in
                 the
                 judgment
                 of
                 our
                 Governors
                 then
                 ?
              
            
          
           
             
               A.
               
            
             
               I
               must
               acknowledge
               that
               you
               have
               spoke
               that
               which
               is
               very
               much
               for
               my
               Satisfaction
               concerning
               the
               Dispensative
               Power
               and
               the
               Oath
               thus
               supporting
               one
               another
               .
               But
               I
               wonder
               that
               I
               have
               not
               in
               any
               of
               our
               celebrated
               Writers
               of
               the
               Church
               of
               England
               read
               that
               the
               Contents
               of
               the
               Assertory
               and
               Promissory
               parts
               of
               this
               Oath
               ,
               and
               our
               
                 abjuring
                 foreign
                 Iurisdictions
                 ,
                 
                   Powers
                   ,
                   Superiorities
                   and
                   Authorities
                
              
               in
               the
               Oath
               ,
               i.
               e.
               those
               of
               the
               Papacy
               ,
               were
               intended
               in
               order
               to
               the
               statuminating
               our
               Prince's
               Dispensative
               Power
               pursuant
               to
               the
               Statutes
               of
               25.
               
               H.
               8th
               ,
               and
               1
               o
               Eliz.
               beforemention'd
               .
            
          
           
             
               B.
               
            
             
               I
               can
               easily
               direct
               you
               to
               such
               a
               Writer
               of
               our
               Church
               who
               hath
               done
               the
               thing
               to
               the
               universal
               Satisfaction
               of
               the
               Inquisitive
               as
               to
               this
               Point
               ,
               and
               that
               is
               the
               Lord
               Primate
               Bramhal
               in
               his
               Book
               of
               
                 Schism
                 Guarded
              
               .
            
             
               He
               saith
               there
               ,
               in
               p.
               330
               ,
               and
               331.
               
               
                 As
                 our
                 Grievances
                 ,
                 so
                 our
                 Reformation
                 was
                 only
                 of
                 the
                 abuses
                 of
                 the
                 Roman
                 Court.
                 Their
                 bestowing
                 of
                 Prelacies
                 and
                 Dignities
                 in
              
               England
               
                 to
                 the
                 Prejudice
                 of
                 the
                 right
                 Patrons
                 ;
                 Their
                 Convocating
                 Synods
                 in
              
               England
               
                 without
                 the
                 King's
                 leave
                 ;
                 Their
                 Prohibiting
                 English
                 Prelates
                 to
                 make
                 their
                 old
                 feudal
                 Oaths
                 to
                 the
                 King
                 ,
                 and
                 obliging
                 them
                 to
                 take
                 new
                 Oaths
                 of
                 Fidelity
                 to
                 the
                 Pope
                 ;
                 Their
                 imposing
                 and
                 receiving
                 Tenths
                 and
                 first
                 Fruits
                 ,
                 and
                 other
                 Arbitrary
                 Pensions
                 upon
                 the
                 English
                 Clergy
                 ;
                 
                   and
                   lastly
                   ,
                   their
                   Usurping
                   a
                   Legislative
                   Iudiciary
                   and
                   Dispensative
                   Power
                   in
                   the
                   exterior
                   Court
                   by
                   Political
                   Coaction
                
                 these
                 are
                 all
                 the
                 branches
                 of
                 Papal
                 Power
                 which
                 we
                 have
                 rejected
                 .
                 This
                 Reformation
                 is
                 all
                 the
                 Separation
                 that
                 we
                 have
                 made
                 in
                 point
                 of
                 Discipline
                 .
                 And
                 for
                 Doctrine
                 we
                 have
                 no
                 difference
                 with
                 them
                 about
                 the
                 old
                 Essentials
                 of
                 Christian
                 Religion
                 :
                 and
                 their
                 new
                 Essentials
                 which
                 they
                 have
                 patch'd
                 to
                 the
                 Creed
                 are
                 but
                 their
                 erroneous
                 ,
                 or
                 at
                 the
                 best
                 ,
                 probable
                 Opinions
                 ;
                 no
                 Articles
                 of
                 Faith.
              
               ;
               Thus
               then
               according
               to
               these
               measures
               ,
               you
               see
               how
               much
               the
               hinge
               of
               the
               Reformation
               turns
               on
               the
               Usurpation
               of
               the
               Papacy
               in
               Dispensing
               :
               for
               in
               all
               these
               particulars
               enumerated
               ,
               the
               Pope
               dispens'd
               with
               the
               King's
               Laws
               .
               And
               he
               had
               before
               in
               p.
               26.
               said
               ,
               
                 This
                 Primacy
                 neither
                 the
                 Ancients
                 nor
                 we
                 deny
                 to
                 St.
              
               Peter
               ,
               
                 of
                 Order
                 ,
                 of
                 Place
                 ,
                 of
                 Preheminence
                 .
                 If
                 this
                 first
                 movership
                 would
                 serve
                 his
                 turn
                 ,
                 the
                 Controversie
                 were
                 at
                 an
                 end
                 for
                 our
                 parts
                 .
                 But
                 this
                 Primacy
                 is
                 over-lean
                 ;
                 the
                 Court
                 of
              
               Rome
               
                 have
                 no
              
               gusto
               
                 to
                 it
                 .
                 They
                 thirst
                 after
                 a
                 visible
                 Monarchy
                 on
                 Earth
                 ,
                 an
                 absolute
              
               
               
                 Ecclesiastical
                 Soveraignty
                 ;
                 
                   a
                   Power
                   to
                   make
                   Canons
                   ,
                   to
                   abolish
                   Canons
                   ,
                   to
                   dispense
                   with
                   Canons
                   :
                
                 to
                 impose
                 Pensions
                 ,
                 to
                 dispose
                 of
                 Dignities
                 ,
                 to
                 decide
                 Controversies
                 by
                 a
                 single
                 Authority
                 .
                 This
                 was
                 that
                 which
                 made
                 the
                 breach
                 ;
                 not
                 the
                 Innocent
                 Primacy
                 of
                 St.
              
               Peter
               .
               And
               afterward
               in
               p.
               149.
               he
               saith
               ,
               
                 But
                 I
                 must
                 contract
                 my
                 Discourse
                 to
                 those
                 Dispensations
                 that
                 are
                 intended
                 in
                 the
                 Laws
                 of
              
               Henry
               the
               8th
               ,
               
                 that
                 is
                 the
                 Power
                 to
                 dispense
                 with
                 English
                 Laws
                 in
                 the
                 exterior
                 Court
                 :
                 Let
                 him
                 bind
                 or
                 loose
                 inwardly
                 whom
                 he
                 will
                 :
                 whether
                 his
                 Key
                 erre
                 or
                 not
                 ,
                 we
                 are
                 not
                 concern'd
                 .
                 Secondly
                 ,
                 As
                 he
                 is
                 a
                 Prince
                 in
                 his
                 own
                 Territories
                 ,
                 he
                 that
                 hath
                 Power
                 to
                 bind
                 ,
                 hath
                 Power
                 to
                 loose
                 .
                 He
                 that
                 hath
                 Power
                 to
                 make
                 Laws
                 hath
                 Power
                 to
                 dispense
                 with
                 his
                 own
                 Laws
                 .
                 Laws
                 are
                 made
                 of
                 Common
                 Events
                 .
                 Those
                 benign
                 Circumstances
                 that
                 happen
                 rarely
                 ,
                 are
                 left
                 to
                 the
                 Dispensative
                 Grace
                 of
                 the
                 Prince
                 .
                 Thirdly
                 ,
                 As
                 he
                 is
                 a
                 Bishop
                 ,
                 whatever
                 Dispensative
                 Power
                 the
                 ancient
                 Ecclesiastical
                 Canons
                 ,
                 or
                 Edicts
                 of
                 Christian
                 Emperors
                 give
                 to
                 the
                 Bishop
                 of
              
               Rome
               
                 within
                 those
                 Territories
                 that
                 were
                 subject
                 to
                 his
                 Iurisdiction
                 by
                 Humane
                 right
                 ,
                 we
                 do
                 not
                 envy
                 him
                 :
                 so
                 he
                 suffer
                 us
                 to
                 enjoy
                 our
                 ancient
                 Privileges
                 and
                 Immunities
                 freed
                 from
                 his
                 Encroachments
                 and
                 Usurpations
                 .
                 
                   The
                   Chief
                   ground
                   of
                   the
                   ancient
                   Ecclesiastical
                   Canon
                   was
                   ,
                   let
                   the
                   old
                   Customs
                   prevail
                   .
                   A
                   possession
                   or
                   Prescription
                   of
                   Eleven
                   hundred
                   years
                   is
                   a
                   good
                   ward
                   both
                   in
                   Law
                   and
                   Conscience
                   against
                   an
                   Human
                   Right
                   ,
                   and
                   much
                   more
                   against
                   a
                   New
                   pretence
                   of
                   Divine
                   Right
                   .
                
                 For
                 Eleven
                 hundred
                 years
                 our
                 Kings
                 and
                 Bishops
                 enjoy'd
                 the
                 sole
                 Dispensative
                 Power
                 with
                 all
                 English
                 Laws
                 ,
                 Civil
                 and
                 Ecclesiastical
                 .
                 In
                 all
                 which
                 time
                 he
                 is
                 not
                 able
                 to
                 give
                 one
                 instance
                 of
                 a
                 Papal
                 Dispensation
                 in
              
               England
               ,
               
                 nor
                 any
                 shadow
                 of
                 it
                 when
                 the
                 Church
                 was
                 formed
                 .
                 Where
                 the
                 Bishops
                 of
              
               Rome
               
                 had
                 no
                 Legislative
                 Power
                 ,
                 no
                 Iudiciary
                 Power
                 in
                 the
                 exteriour
                 Court
                 ,
                 by
                 necessary
                 Consequence
                 they
                 could
                 have
                 no
                 Dispensative
                 Power
                 .
              
               He
               then
               in
               p.
               169.
               mentions
               the
               said
               Statute
               of
               25.
               
               
                 H.
                 8th
              
               .
               and
               having
               referr'd
               to
               the
               Proviso
               ,
               there
               to
               shew
               ,
               that
               
                 its
                 intent
                 was
                 not
                 to
                 vary
                 from
                 the
                 Church
                 of
                 Christ
                 in
                 any
                 other
                 things
                 declared
                 by
                 the
                 Holy
                 Scripture
                 ,
                 and
                 the
                 Word
                 of
                 God
                 necessary
                 to
                 Salvation
                 ,
              
               he
               saith
               
                 then
                 followeth
                 the
                 scope
                 of
                 our
                 Reformation
                 ;
                 only
                 to
                 make
                 an
                 Ordinance
                 by
                 Policies
                 necessary
                 and
                 convenient
                 to
                 repress
                 Vice
                 ,
                 and
                 for
                 good
                 Conservation
                 of
                 the
                 Realm
                 in
                 Peace
                 ,
                 Unity
                 and
                 Tranquillity
                 from
                 ravine
                 ,
                 and
                 spoil
                 ,
                 ensuing
                 much
                 the
                 ancient
                 Customs
                 of
                 this
                 Realm
                 in
                 that
                 behalf
                 :
                 not
                 minding
                 to
                 seek
                 for
                 any
                 relief
                 ,
                 succours
                 ,
                 or
                 remedies
                 for
                 any
                 worldly
                 things
                 ,
                 and
                 Humane
                 Laws
                 in
                 any
                 cause
                 of
                 necessity
                 ,
                 but
                 within
                 this
                 Realm
                 at
                 the
                 hands
                 of
                 your
                 Highness
                 ,
                 your
                 Heirs
                 and
                 Successors
                 Kings
                 of
                 this
                 Realm
                 ,
                 which
                 have
                 and
                 ought
                 to
                 have
                 an
                 Imperial
                 Power
                 and
                 Authority
                 in
                 the
                 same
                 ,
                 and
                 not
                 obliged
                 in
                 worldly
                 Causes
                 to
                 any
                 other
                 Superior
                 .
              
            
             
               Thus
               then
               you
               see
               this
               Prelates
               sense
               of
               how
               much
               the
               taking
               away
               the
               Pope's
               Dispensative
               Power
               here
               ,
               and
               restoring
               that
               Power
               to
               the
               Crown
               ,
               was
               the
               Soul
               of
               the
               Reformation
               ,
               and
               tota
               in
               toto
               of
               it
               .
               And
               this
               Act
               you
               see
               revived
               by
               the
               First
               of
               Elizabeth
               without
               garbling
               it
               in
               the
               least
               ;
               and
               the
               Dispensative
               Power
               thereby
               restored
               to
               her
               ,
               her
               Heirs
               and
               Successors
               ,
               and
               a
               
                 Declaration
                 ,
                 
                   that
                   no
                   Subjects
                   of
                   the
                   Realm
                   need
                   for
                   any
                   worldly
                   things
                   and
                   Humane
                   Laws
                   in
                   any
                   Cause
                   of
                   Necessity
                   seek
                   for
                   any
                   relief
                   ,
                   but
                   within
                   this
                   Realm
                   at
                   the
                   hands
                   of
                   our
                   Soveraign
                
              
               ,
               as
               aforesaid
               .
               And
               I
               shall
               tell
               you
               that
               the
               Bishop
               in
               the
               next
               Page
               refers
               to
               the
               Statute
               of
               the
               First
               of
               Eliz.
               and
               saith
               on
               his
               view
               of
               both
               
                 Statutes
                 ,
                 Whatsoever
                 Power
                 our
                 Laws
                 did
                 devest
                 the
                 Pope
                 of
                 ,
                 they
                 invested
                 the
                 King
                 with
                 it
                 .
              
               And
               of
               this
               ,
               the
               Power
               of
               Rehabilitating
               any
               of
               his
               Lay
               or
               Clerical
               Subjects
               is
               a
               part
               ,
               as
               was
               beforesaid
               .
            
          
           
             
             
               A.
               
            
             
               You
               have
               cited
               somewhat
               out
               of
               this
               Great
               Champion
               for
               the
               King's
               Supremacy
               ,
               and
               for
               the
               Church
               of
               England
               ,
               and
               reputed
               to
               be
               the
               most
               clear
               Vindicator
               of
               it
               from
               Schism
               our
               Church
               hath
               had
               ,
               which
               hath
               created
               more
               anxiety
               in
               my
               mind
               about
               the
               Assertory
               part
               of
               the
               Oath
               then
               any
               thing
               hath
               done
               .
               For
               the
               words
               in
               the
               Oath
               are
               ,
               
                 I
                 do
                 utterly
                 testify
                 and
                 declare
                 ,
              
               &c
               
                 that
                 no
                 Foreign
                 Prelate
                 or
                 Person
                 hath
                 or
                 ought
                 to
                 have
                 any
                 Iurisdiction
                 ,
                 Power
                 Ecclesiastical
                 or
                 Spiritual
                 within
                 this
                 Realm
                 ,
              
               and
               you
               have
               brought
               in
               the
               Primate
               granting
               that
               the
               Pope
               hath
               Power
               here
               to
               bind
               or
               loose
               inwardly
               ,
               and
               asserting
               that
               he
               hath
               here
               a
               Spiritual
               Power
               .
            
          
           
             
               B.
               
            
             
               You
               judge
               right
               of
               the
               Bishop's
               Opinion
               ,
               and
               which
               is
               indeed
               express'd
               throughout
               his
               whole
               Book
               .
               He
               tells
               us
               in
               p.
               25.
               
               
                 That
                 St.
              
               Cyprian
               
                 made
                 all
                 the
                 Bishopricks
                 in
                 the
                 World
                 to
                 be
                 but
                 one
                 Masse
                 ,
                 whereof
                 every
                 Bishop
                 had
                 an
                 entire
                 part
                 :
              
               And
               he
               saith
               in
               p.
               60
               ,
               and
               61.
               
               
                 That
                 neither
                 King
              
               Harry
               the
               8th
               ,
               
                 nor
                 any
                 of
                 our
                 Legislators
                 did
                 ever
                 endeavour
                 to
                 deprive
                 the
                 Bishop
                 of
              
               Rome
               
                 of
                 the
                 Power
                 of
                 the
                 Keys
                 ,
                 or
                 any
                 part
                 thereof
                 ;
                 either
                 the
                 Key
                 of
                 Order
                 ,
                 or
                 the
                 Key
                 of
                 Iurisdiction
                 :
                 I
                 mean
                 Iurisdiction
                 purely
                 Spiritual
                 which
                 hath
                 place
                 only
                 in
                 the
                 inner
                 Court
                 of
                 Conscience
                 ,
                 and
                 over
                 such
                 Persons
                 as
                 submit
                 willingly
                 :
              
               And
               in
               the
               clearing
               of
               which
               Point
               he
               refers
               to
               the
               Proviso
               aforesaid
               in
               the
               Statute
               of
               the
               25th
               of
               Harry
               the
               8th
               ,
               and
               the
               
                 37th
                 Canon
              
               of
               the
               Church
               of
               England
               ,
               as
               rendring
               the
               Power
               by
               both
               given
               to
               the
               King
               to
               be
               purely
               Political
               .
               But
               in
               p.
               159.
               he
               refers
               by
               way
               of
               Objection
               to
               two
               Statutes
               of
               Harry
               the
               8th
               ,
               the
               one
               an
               Act
               
                 for
                 extinguishing
                 the
                 Authority
                 of
                 the
                 Bishop
                 of
              
               Rome
               ,
               the
               other
               
                 an
                 Act
                 for
                 Establishing
                 the
                 Succession
                 ,
              
               wherein
               there
               is
               an
               Oath
               ,
               that
               
                 the
                 Bishop
                 of
              
               Rome
               
                 OUGHT
                 not
                 to
                 have
                 any
                 Iurisdiction
                 or
                 Authority
                 in
                 this
                 Realm
              
               ;
               then
               faith
               it
               is
               declared
               in
               the
               37th
               Article
               of
               our
               Church
               ,
               
                 that
                 the
                 Bishop
                 of
              
               Rome
               
                 hath
                 no
                 Iurisdiction
                 in
                 the
                 Kingdom
                 of
              
               England
               :
               and
               in
               the
               Oath
               ordain'd
               by
               Queen
               Elizabeth
               ,
               
                 that
                 no
                 Foreign
                 Preiate
                 hath
                 or
                 ought
                 to
                 have
                 any
                 Iurisdiction
                 or
                 Authority
                 Ecclesiastical
                 or
                 Spiritual
                 within
                 this
                 Realm
                 :
              
               and
               he
               then
               by
               way
               of
               answer
               to
               which
               ,
               says
               
                 That
                 those
                 two
                 ▪
                 Statutes
                 were
                 long
                 ago
                 repeal'd
                 by
                 Queen
              
               Mary
               ,
               
                 and
                 never
                 afterward
                 restored
              
               ,
               &c.
               
                 and
                 that
                 altho
                 it
                 were
                 supposed
                 that
                 our
                 Ancestors
                 ●…ad
                 over-reach'd
                 themselves
                 and
                 the
                 truth
                 in
                 some
                 Expressions
                 ,
                 yet
                 that
                 concerns
                 not
                 us
                 ▪
                 at
                 all
                 ,
                 so
                 long
                 as
                 we
                 keep
                 our selves
                 exactly
                 to
                 the
                 line
                 and
                 level
                 of
                 Apostolical
                 Tradition
                 :
              
               and
               saith
               ,
               that
               
                 our
                 Ancestors
                 meant
                 the
                 very
                 same
                 thing
                 that
                 we
                 do
                 .
                 Our
                 only
                 difference
                 is
                 in
                 the
                 use
                 of
                 the
                 words
                 ,
                 
                   Spiritual
                   Authority
                   or
                   Iurisdiction
                
                 ,
                 which
                 we
                 understand
                 of
                 Iurisdiction
                 purely
                 Spiritual
                 which
                 extends
                 ●…o
                 further
                 then
                 the
                 Court
                 of
                 Conscience
                 .
                 But
                 by
                 
                   Spiritual
                   Authority
                   or
                   Iurisdiction
                
                 ,
                 they
                 did
                 understand
                 Ecclesiostical
                 Iurisdiction
                 in
                 the
                 exterior
                 Court
                 ,
                 which
                 in
                 truth
                 is
                 partly
                 Spiritual
                 ,
                 partly
                 Political
                 .
              
               And
               he
               in
               p.
               161.
               takes
               notice
               of
               the
               
                 Apostles
                 Dispensative
                 Power
              
               ,
               2
               Cor.
               2.
               10.
               
                 to
                 whom
                 I
                 forgave
                 any
                 thing
                 for
                 your
                 sakes
                 ,
                 forgave
                 I
                 in
                 the
                 person
                 of
                 Christ
                 :
                 
                   But
                   all
                   this
                   is
                   only
                   in
                   the
                   interior
                   Court
                   of
                   Conscience
                   .
                
              
            
             
               But
               the
               Primate
               having
               in
               p.
               73.
               discours'd
               of
               the
               
                 Act
                 ▪
              
               of
               1
               o
               Eliz.
               c.
               1.
               saith
               ,
               
                 here
                 is
                 no
                 new
                 Power
                 created
                 in
                 the
                 Crown
                 ,
                 but
                 only
                 an
                 ancient
                 Iurisdiction
                 restored
                 ;
                 here
                 is
                 no
                 foreign
                 Power
                 abolish'd
                 ,
                 but
                 only
                 that
                 which
                 is
                 repugnant
                 to
                 the
                 ancient
                 Laws
                 of
              
               England
               ,
               
                 and
                 the
                 Prerogative
                 Royal.
                 In
                 a
                 word
                 ,
                 here
                 is
                 no
                 Power
                 ascribed
                 to
                 our
                 Kings
                 ,
                 but
                 merely
                 Political
                 and
                 Coactive
                 to
                 see
                 that
                 all
                 their
                 Subjects
                 do
                 their
                 Duties
                 in
                 their
                 several
                 Places
                 .
                 Coactive
                 Power
                 is
                 one
                 of
                 the
                 Keys
                 of
                 the
                 Kingdom
                 of
                 this
                 World
                 ;
                 it
                 is
                 none
                 of
                 the
                 Keys
                 of
                 the
                 Kingdom
                 of
                 Heaven
                 .
                 This
                 might
                 have
                 been
                 express'd
                 in
                 words
                 less
                 subject
                 to
                 Exc●…ption
                 .
              
            
          
           
             
             
               A.
               
            
             
               The
               Primate
               hath
               shewn
               an
               eminent
               Candour
               of
               mind
               in
               these
               Passages
               of
               his
               you
               have
               cited
               :
               and
               
                 if
                 our
                 Ancestors
                 had
                 but
                 over-reach'd
                 themselves
                 ,
                 and
                 the
                 truth
                 in
                 some
                 Expressions
                 ,
              
               and
               in
               any
               part
               of
               a
               Statute
               but
               that
               which
               forms
               an
               Oath
               ,
               it
               had
               not
               
                 much
                 concern'd
                 us
                 ,
                 and
                 as
                 long
                 as
                 they
                 had
                 kept
                 exactly
                 to
                 the
                 line
                 and
                 level
                 of
              
               plain
               Truth
               in
               all
               the
               words
               of
               the
               Oath
               :
               but
               Oaths
               being
               
                 stricti
                 juris
              
               ,
               and
               being
               to
               be
               taken
               
                 in
                 truth
                 and
                 in
                 righteousness
              
               ,
               and
               in
               the
               common
               sense
               of
               the
               words
               ,
               may
               I
               not
               here
               to
               the
               Assertory
               Clause
               of
               
                 No
                 foreign
                 Prelate
                 or
                 Person
                 hath
                 or
                 ought
                 to
                 have
                 any
                 Iurisdiction
                 ,
              
               &c.
               apply
               those
               other
               words
               of
               the
               Primate
               ,
               
                 This
                 might
                 have
                 been
                 express'd
                 in
                 words
                 less
                 subject
                 to
                 Exception
                 ?
              
               But
               according
               to
               what
               he
               cited
               out
               of
               St.
               Cyprian
               ,
               it
               may
               be
               said
               instead
               of
               
                 no
                 foreign
                 Prelate
                 hath
                 or
                 ought
                 to
                 have
                 any
                 Iurisdiction
                 ,
              
               &c.
               that
               
                 Every
                 foreign
                 Prelate
                 hath
                 it
              
               ,
               and
               not
               only
               the
               Bishop
               of
               Rome
               as
               claiming
               a
               Succession
               under
               St.
               Peter
               ,
               but
               Thousands
               of
               other
               Bishops
               in
               Christendom
               ;
               who
               as
               the
               Primate
               saith
               there
               ,
               p.
               162.
               
                 do
                 not
                 at
                 all
                 derive
                 their
                 Holy
                 Orders
                 from
                 S.
              
               Peter
               ,
               
                 or
                 any
                 other
                 Roman
                 Bishop
                 ,
                 either
                 mediately
                 ,
                 or
                 immediately
                 (
                 especially
                 in
              
               Asia
               and
               Africa
               )
               
                 but
                 from
                 the
                 other
                 Apostles
              
               .
            
             
               And
               suitably
               to
               what
               the
               Primate
               observ'd
               out
               of
               
                 S.
                 Cyprian
              
               ,
               by
               which
               we
               see
               that
               as
               
                 there
                 is
                 but
                 one
                 Universal
                 Church
                 ,
                 so
                 there
                 is
                 but
              
               Episcopatus
               Unus
               
                 in
                 that
                 Church
              
               and
               that
               undivided
               ,
               I
               find
               it
               observ'd
               in
               Sir
               
                 Geffery
                 Palmer's
                 Reports
              
               in
               
                 the
                 Case
                 of
                 
                   Evans
                   &
                   Kiffin
                   .
                   vers
                   .
                   Ascuith
                
              
               .
               Trin.
               3.
               
               Car.
               
                 B.
                 R.
                 Whitelock
                 .
                 Evesque
                 ad
              
               3
               
                 Powers
                 .
                 Le
                 Primer
                 est
                 Ordinations
                 :
                 and
                 that
                 comes
                 to
                 him
                 by
                 his
                 Consecration
                 ,
                 and
                 not
                 before
                 .
                 By
                 that
                 he
                 can
                 take
                 the
                 resignation
                 of
                 a
                 Church
                 .
                 He
                 can
                 give
                 Orders
                 and
                 Consecrate
                 Churches
                 :
                 and
                 it
                 belongs
                 not
                 to
                 him
                 as
                 he
                 is
                 a
                 Bishop
                 of
                 one
                 place
                 or
                 other
                 ,
              
               mais
               il
               est
               universel
               sur
               tout
               le
               monde
               .
               
                 And
                 therefore
                 the
                 Archbishop
                 of
              
               Spalato
               
                 when
                 he
                 was
                 here
                 could
                 give
                 Orders
                 .
                 The
                 Chief
                 Iustice
                 agreed
                 with
                 him
                 herein
                 .
                 The
                 second
                 is
              
               Potestas
               Jurisdictionis
               
                 which
                 is
                 not
                 Universal
                 ,
                 but
                 tied
                 to
                 certain
                 places
                 ,
                 as
                 to
                 take
                 an
                 Oath
                 ,
                 to
                 Excommunicate
                 and
                 Punish
                 offences
                 ,
                 and
                 this
                 Power
                 he
                 hath
                 by
                 Confirmation
                 .
                 The
                 third
                 is
              
               Administratio
               rei
               Familiaris
               ,
               
                 the
                 Government
                 of
                 his
                 Revenue
                 ,
                 and
                 this
                 is
                 gain'd
                 by
                 Confirmation
                 .
              
               By
               this
               you
               see
               that
               the
               Bishop
               of
               Rome
               ,
               as
               every
               other
               foreign
               Bishop
               ,
               may
               have
               some
               Spiritual
               Power
               here
               ,
               viz.
               what
               the
               Reporter
               mention'd
               as
               the
               first
               .
               And
               therefore
               I
               could
               wish
               that
               the
               37th
               of
               our
               39
               Articles
               to
               which
               the
               Primate
               refers
               for
               the
               Interpretations
               of
               this
               Clause
               in
               the
               Oath
               ,
               had
               in
               those
               words
               there
               
                 the
                 Bishop
                 of
              
               Rome
               
                 hath
                 no
                 Iurisdiction
                 in
                 this
                 Realm
                 ,
              
               express'd
               such
               a
               distinction
               of
               his
               Iurisdiction
               as
               the
               Bishop
               hath
               done
               :
               and
               otherwise
               that
               common
               and
               trite
               Rule
               of
               
                 Non
                 est
                 distinguendum
                 ubi
                 lex
                 non
                 distinguit
                 ,
              
               being
               here
               applicable
               ,
               you
               know
               what
               is
               to
               be
               thought
               of
               an
               ambiguous
               Oath
               ;
               and
               that
               as
               the
               sagacious
               Author
               of
               
                 the
                 History
                 of
                 the
                 Council
                 of
              
               Trent
               hath
               told
               us
               ,
               p.
               187
               ,
               
                 as
                 one
                 Particular
                 makes
                 false
                 the
                 contradictory
                 Universal
                 ,
                 so
                 one
                 ambiguous
                 Particular
                 ,
                 makes
                 the
                 Universal
                 to
                 be
                 ambiguous
                 .
              
            
             
               Moreover
               tho
               you
               will
               suppose
               that
               he
               might
               lawfully
               take
               the
               Oath
               in
               his
               sense
               of
               the
               Pope's
               Jurisdiction
               ,
               yet
               all
               his
               great
               Learning
               and
               Reason
               could
               not
               qualifie
               him
               to
               be
               an
               Authentical
               Interpreter
               of
               the
               Oath
               to
               me
               .
               In
               some
               parts
               of
               the
               Oath
               that
               were
               obvious
               to
               doubt
               ,
               you
               have
               already
               given
               me
               satisfaction
               ,
               and
               particularly
               in
               making
               me
               by
               vertue
               of
               the
               Canons
               of
               King
               Iames
               a
               participant
               with
               the
               Clergy
               in
               his
               authentical
               Interpretation
               of
               the
               37th
               Article
               .
               And
               since
               as
               Suarez
               in
               his
               learned
               Book
               ,
               
                 De
                 Legibus
              
               ,
               4.
               c.
               
                 de
                 Interpretatione
                 humanarum
                 Legum
              
               ,
               saith
               that
               
                 there
                 may
                 be
                 an
                 interpretation
                 of
                 Law
                 which
                 hath
                 the
                 Authority
                 of
                 Law
                 ,
              
               and
               that
               
                 qui
                 in
                 eadem
                 potestate
                 succedit
                 ,
                 semper
                 potest
                 Praedecessotum
                 leges
                 interpretari
                 ,
              
               I
               shall
               account
               King
               Iames
               his
               Interpretation
               as
               good
               as
               Queen
               Elizabeth's
               :
               
               and
               that
               if
               he
               had
               there
               declared
               his
               mind
               about
               the
               Pope's
               spiritual
               Power
               
                 in
                 foro
                 interno
              
               ,
               being
               not
               renounced
               by
               this
               Clause
               in
               the
               Oath
               ,
               I
               should
               then
               be
               content
               with
               it
               .
               But
               't
               is
               otherwise
               :
               for
               he
               there
               Confirms
               it
               in
               effect
               as
               't
               is
               in
               the
               Article
               .
            
             
               Now
               you
               know
               how
               much
               Simplicity
               becomes
               an
               Oath
               ,
               and
               how
               requisite
               it
               is
               that
               it
               should
               be
               conceiv'd
               in
               plain
               and
               liquid
               terms
               ,
               and
               taken
               in
               the
               Imposer's
               sense
               and
               without
               mental
               reservations
               ,
               and
               that
               you
               should
               Swear
               therein
               to
               no
               dogmatical
               Assertion
               ;
               and
               as
               to
               which
               Mr.
               Nye
               saith
               well
               in
               his
               
                 Observations
                 on
                 that
                 Oath
                 ,
                 to
                 swear
                 positively
                 to
                 any
                 dogmatical
                 Assertion
                 is
                 not
                 required
                 .
                 It
                 would
                 be
                 a
                 taking
                 the
                 Name
                 of
                 God
                 in
                 vain
                 :
                 for
                 if
                 it
                 be
                 a
                 certain
                 and
                 undoubted
                 truth
                 in
                 it self
                 and
                 to
                 others
                 ,
                 as
                 are
                 Principles
                 of
                 Reason
                 and
                 Articles
                 of
                 Faith
                 ,
                 an
                 Oath
                 is
                 vain
                 ,
                 for
                 it
                 ends
                 no
                 strife
                 .
                 If
                 doubtful
                 and
                 a
                 question
                 whether
                 true
                 or
                 not
                 ,
                 tho
                 such
                 an
                 Oath
                 puts
                 it
                 out
                 of
                 question
                 that
                 I
                 believe
                 so
                 ,
                 yet
                 not
                 that
                 it
                 is
                 a
                 truth
                 .
                 My
                 belief
                 ,
                 tho
                 never
                 so
                 much
                 evidenced
                 and
                 confirm'd
                 ,
                 doth
                 not
                 make
                 a
                 doubtful
                 matter
                 in
                 it self
                 more
                 credible
                 ;
                 nor
                 is
                 one
                 man's
                 believing
                 an
                 Assertion
                 just
                 ground
                 for
                 another
                 man
                 to
                 believe
                 the
                 same
                 .
                 Such
                 an
                 Oath
                 therefore
                 is
                 in
                 vain
                 ,
                 and
                 not
                 a
                 fit
              
               Medium
               
                 to
                 end
                 such
                 a
                 Controversy
              
               .
            
             
               Now
               how
               far
               your
               declaring
               in
               your
               Oath
               that
               
                 no
                 foreign
                 Prela●…e
                 hath
                 nor
                 ought
                 to
                 have
                 any
                 Iurisdiction
                 Spiritual
                 within
                 this
                 Realm
                 ,
              
               and
               the
               Interpretation
               of
               it
               pursuant
               to
               the
               37th
               Article
               delivering
               the
               Plain
               words
               ,
               
                 The
                 Bishop
                 of
                 Rome
                 hath
                 no
                 Iurisdiction
                 ,
              
               &c.
               may
               bring
               you
               within
               the
               Verge
               of
               swearing
               what
               is
               dogmatical
               ,
               I
               leave
               you
               to
               judge
               :
               but
               shall
               take
               the
               liberty
               to
               tell
               you
               ,
               that
               when
               I
               see
               some
               of
               our
               Laws
               ,
               and
               particularly
               this
               about
               our
               
                 Oath
                 girdled
              
               with
               so
               many
               Interpretations
               like
               new
               tender-sided
               Ships
               ,
               I
               shall
               be
               apt
               to
               take
               little
               pleasure
               in
               embarquing
               my
               Conscience
               in
               such
               an
               Oath
               ,
               and
               am
               apt
               to
               call
               to
               mind
               the
               Censure
               which
               Mr.
               
                 Milton's
                 Character
                 of
                 the
                 Long
                 Parliament
                 of
              
               40.
               fulminates
               against
               his
               Countrymen
               ,
               and
               by
               which
               he
               so
               much
               disables
               our
               understandings
               as
               to
               Political
               Government
               ;
               and
               saith
               ,
               
                 that
                 the
                 Sun
                 which
                 we
                 want
                 ,
                 ripens
                 Wits
                 as
                 well
                 as
                 Fruits
                 ,
                 and
                 as
                 Wine
                 and
                 Oyl
                 are
                 imported
                 to
                 us
                 from
                 abroad
                 ,
                 so
                 must
                 ripe
                 understanding
                 ,
              
               &c.
               
            
          
           
             
               B.
               
            
             
               But
               however
               ,
               tho
               our
               Wine
               and
               Oyl
               are
               imported
               to
               us
               from
               abroad
               ,
               our
               Dispensations
               are
               not
               ,
               and
               we
               have
               no
               Occasion
               to
               send
               Gold
               to
               Rome
               for
               Lead
               :
               And
               I
               assure
               you
               ,
               he
               who
               shall
               consider
               that
               the
               English
               Virtuosi
               were
               the
               last
               that
               did
               receive
               the
               yokes
               of
               the
               old
               Imperial
               and
               later
               Papal
               Power
               of
               Rome
               ,
               and
               the
               first
               that
               threw
               them
               off
               ,
               will
               tho
               we
               are
               
                 Crasso
                 sub
                 aëre
                 nati
              
               ,
               have
               no
               cause
               to
               vilifie
               our
               understandings
               ,
               but
               rather
               to
               envy
               their
               triumphs
               over
               Infallibility
               so
               call'd
               .
               And
               perhaps
               when
               I
               shall
               have
               told
               you
               of
               another
               passage
               of
               the
               Bishop
               ,
               P.
               59.
               in
               his
               
                 Schism
                 guarded
              
               ,
               you
               will
               think
               the
               Eyes
               of
               our
               Ancestors
               understandings
               did
               look
               out
               sharp
               when
               the
               two
               Statutes
               of
               the
               25th
               of
               H.
               8.
               and
               1
               o
               Eliz.
               were
               made
               ;
               and
               there
               he
               saith
               ,
               
                 Suppose
                 any
                 of
                 our
                 Reformers
                 have
                 run
                 into
                 any
                 Excesses
                 or
                 Extremes
                 ,
                 either
                 in
                 their
                 Expressions
                 ,
                 or
                 perhaps
                 in
                 their
                 Actions
                 (
                 it
                 is
                 a
                 difficult
                 thing
                 in
                 great
                 changes
                 to
                 observe
                 a
                 just
                 mean
                 )
                 it
                 may
                 be
                 out
                 of
                 Humane
                 Frailty
                 ,
                 as
              
               Lycurgus
               
                 out
                 of
                 hatred
                 to
                 Drunkenness
                 cut
                 down
                 all
                 the
                 Vines
                 about
              
               Sparta
               ,
               
                 or
                 it
                 may
                 be
                 out
                 of
                 Policy
                 ,
                 as
                 men
                 use
                 to
                 bend
                 a
                 Crooked
                 rod
                 as
                 much
                 the
                 contrary
                 way
                 ,
                 or
                 as
                 expert
                 Masters
                 of
                 Musick
                 do
                 sometimes
                 draw
                 up
                 their
                 Scholars
                 a
                 Note
                 too
                 high
                 ,
                 to
                 bring
                 them
                 to
                 a
                 just
                 tone
                 ,
                 what
                 is
                 that
                 to
                 us
                 as
                 long
                 as
                 we
                 practice
                 the
                 Mean
                 and
                 maintain
                 the
                 Mean
                 ,
                 and
                 guide
                 our selves
                 by
                 the
                 certain
                 line
                 and
                 level
                 of
                 Apostolical
                 and
                 Primitive
                 Tradition
                 ?
              
            
             
               There
               is
               no
               doubt
               but
               in
               the
               framing
               of
               the
               Statute
               of
               1
               o
               Eliz.
               and
               the
               Oath
               therein
               ,
               regard
               was
               had
               to
               the
               Oath
               in
               the
               35th
               of
               H.
               8.
               c.
               1.
               viz.
               
               
                 I
                 having
                 now
                 the
                 veil
                 of
                 Darkness
                 of
                 the
                 Usurped
                 Power
                 ,
                 Authority
                 and
                 Iurisdiction
                 of
                 the
                 See
                 and
                 Bishops
                 of
              
               Rome
               
                 clearly
                 taken
                 away
                 from
                 mine
                 Eyes
                 ,
                 do
                 utterly
                 testify
                 and
                 declare
                 in
                 my
                 Conscience
                 ,
                 that
                 neither
                 the
                 See
                 nor
                 the
                 Bishop
                 of
              
               Rome
               ,
               
                 nor
                 any
                 foreign
                 Potentate
                 hath
                 nor
                 ought
                 to
                 have
                 any
                 Iurisdiction
                 ,
                 Power
                 or
                 Authority
                 within
                 this
                 Realm
                 ,
                 neither
                 by
                 God's
                 Law
                 ,
                 nor
                 any
                 other
                 just
                 Law
                 or
                 means
                 ,
              
               &c.
               
                 and
                 that
                 I
                 shall
                 never
                 consent
                 nor
                 agree
                 that
                 the
                 aforesaid
                 See
                 or
                 Bishop
                 of
              
               Rome
               ,
               
                 or
                 their
                 Successors
                 ,
                 shall
                 exercise
                 or
                 have
                 any
                 manner
                 of
                 Authority
                 ,
                 Iurisdiction
                 or
                 Power
                 within
                 this
                 Realm
                 ,
              
               &c.
               
               And
               this
               Oath
               remain'd
               the
               same
               all
               the
               rest
               of
               his
               Reign
               ,
               and
               all
               Edward
               the
               
               6th's
               time
               :
               and
               as
               to
               which
               Queen
               Elizabeth
               changed
               the
               Expression
               of
               
                 Supreme
                 Head
              
               :
               and
               both
               Harry
               the
               8th
               ,
               and
               She
               having
               their
               Eyes
               on
               the
               effect
               of
               Papal
               Excommunications
               ,
               and
               concern'd
               to
               have
               the
               nullity
               of
               them
               believed
               by
               their
               Subjects
               ,
               might
               seem
               according
               to
               the
               Primate's
               Expression
               
                 to
                 bend
                 the
                 crooked
                 rod
                 of
                 the
              
               Papal
               
                 Iurisdiction
                 overmuch
                 the
                 contrary
                 way
                 in
                 their
                 Oaths
                 ,
              
               that
               so
               it
               might
               come
               to
               that
               just
               straitness
               referr'd
               to
               according
               to
               the
               Primate's
               measures
               of
               it
               .
            
             
               But
               after
               all
               I
               shall
               tell
               you
               ,
               that
               I
               think
               no
               Political
               respects
               can
               justifie
               the
               putting
               doubtful
               Expressions
               into
               an
               Oath
               ,
               or
               the
               taking
               of
               one
               with
               mental
               reservations
               of
               a
               sense
               different
               from
               the
               Common
               one
               of
               the
               words
               ,
               and
               I
               do
               therefore
               joyn
               issue
               with
               you
               in
               the
               Point
               ,
               that
               the
               Clause
               in
               the
               
                 Oath
                 ,
                 
                   That
                   no
                   foreign
                   Prelate
                   hath
                   or
                   ought
                   to
                   have
                   any
                   Iurisdiction
                
              
               ,
               &c.
               being
               the
               very
               same
               in
               the
               37th
               Article
               ,
               (
               and
               in
               the
               Interpretation
               of
               which
               Article
               ,
               King
               Iames
               his
               Canons
               have
               ,
               as
               you
               said
               ,
               made
               you
               a
               sharer
               with
               the
               Clergy
               )
               you
               and
               all
               others
               who
               take
               the
               Oath
               may
               be
               thankful
               for
               the
               benefit
               of
               that
               King
               ,
               having
               further
               exercised
               the
               Dispensative
               Power
               of
               his
               interpreting
               the
               whole
               intent
               of
               that
               Oath
               :
               And
               that
               Interpretation
               of
               it
               which
               hath
               made
               the
               Coast
               of
               the
               Oath
               clear
               to
               you
               in
               this
               Point
               ,
               you
               will
               find
               agreeing
               to
               what
               he
               hath
               in
               our
               Language
               Publish'd
               to
               the
               World
               ,
               and
               dedicated
               to
               eternity
               .
               For
               he
               having
               in
               his
               
                 Premonition
                 to
                 all
                 Christian
                 Monarchs
              
               mention'd
               how
               
                 he
                 caus'd
                 the
                 House
                 of
                 Commons
                 to
                 Reform
                 a
                 Clause
                 they
                 had
                 put
                 into
                 the
                 Oath
                 of
                 Allegiance
                 derogatory
                 to
                 the
                 Pope's
                 spiritual
                 Power
                 ,
              
               viz.
               
                 That
                 the
                 Pope
                 had
                 no
                 Power
                 to
                 Excommunicate
                 him
                 ,
                 and
                 that
                 he
                 was
                 ready
                 to
                 consent
                 that
                 the
                 Bishop
                 of
              
               Rome
               
                 should
                 have
                 the
                 first
                 Seat
                 ,
                 and
                 be
                 Patriarch
                 of
                 the
                 West
                 ,
                 and
                 be
              
               Primus
               Episcopus
               inter
               omnes
               Episcopos
               &
               princeps
               Episcoporum
               ,
               
                 so
                 it
                 be
                 no
                 otherwise
                 but
                 as
              
               Peter
               
                 was
                 ,
                 Princeps
                 Apostolorum
              
               ,
               takes
               occasion
               in
               his
               Apology
               for
               the
               Oath
               of
               Allegiance
               to
               let
               the
               World
               know
               his
               Royal
               judgment
               of
               the
               intent
               of
               the
               OATH
               of
               SUPREMACT
               ;
               and
               there
               in
               Confutation
               of
               the
               Pope's
               Breves
               ,
               and
               Bellarmine's
               Letter
               ,
               he
               saith
               in
               p.
               108.
               that
               
                 the
                 rendring
                 Christian
                 Kings
                 within
                 their
                 own
                 Dominions
                 ,
                 Governors
                 of
                 their
                 Church
                 as
                 well
                 as
                 of
                 the
                 rest
                 of
                 their
                 People
                 ,
                 in
                 being
                 
                   Custodes
                   utriusque
                   tabulae
                
                 ,
                 not
                 by
                 making
                 new
                 Articles
                 of
                 Faith
                 ,
              
               &c.
               
                 but
                 by
                 commanding
                 Obedience
                 to
                 be
                 given
                 to
                 the
                 Word
                 of
                 God
                 ,
                 by
                 reforming
                 Religion
                 according
                 to
                 his
                 prescribed
                 Will
                 ,
                 by
                 assisting
                 the
                 Spiritual
                 Power
                 with
                 the
                 Temporal
                 Sword
                 ,
                 by
                 reforming
                 Corruptions
                 ,
                 by
                 procuring
                 due
                 Obedience
                 to
                 the
                 Church
                 ,
                 by
                 judging
                 and
                 cutting
                 off
                 all
                 frivolous
                 Questions
                 and
                 Schisms
                 as
              
               Constantine
               
                 did
                 ,
                 and
                 finally
                 by
                 making
              
               decorum
               
                 to
                 be
                 observ'd
                 in
                 every
                 thing
                 ,
                 and
                 establishing
                 Orders
                 to
                 be
                 observ'd
                 in
                 all
                 indifferent
                 things
                 for
                 that
                 purpose
                 ,
                 is
                 the
                 ONLY
                 
                   intent
                   of
                   the
                   Oath
                   of
                   Supremacy
                   :
                
              
               and
               whereby
               as
               he
               effectually
               confuted
               the
               Cardinal
               ,
               whose
               Letter
               charged
               the
               Oath
               of
               Supremacy
               as
               tending
               to
               this
               end
               ,
               
                 That
                 the
                 Authority
                 of
                 the
                 Head
                 of
                 the
                 Church
                 in
              
               England
               
                 may
                 be
                 transferr'd
                 from
                 the
                 Successor
                 of
                 St.
              
               Peter
               
                 to
                 the
                 Successor
                 of
                 King
              
               Henry
               
                 the
                 8th
                 ,
                 and
                 to
                 oppose
                 the
                 Primacy
                 of
                 the
                 Apostolick
                 See
              
               ;
               so
               at
               the
               end
               of
               his
               Book
               he
               shews
               that
               
               his
               design
               of
               Publishing
               the
               same
               ,
               was
               
                 to
                 satisfie
                 all
                 his
                 good
                 and
                 natural
                 Subjects
                 ,
                 and
                 likewise
                 Strangers
                 ,
                 about
                 the
                 things
                 therein
                 contain'd
              
               ;
               and
               whereby
               the
               King's
               Mind
               was
               publickly
               notify'd
               that
               in
               the
               right
               done
               to
               the
               Crown
               by
               the
               Oath
               of
               Suprema●…y
               as
               well
               as
               of
               Allegiance
               ,
               there
               was
               no
               wrong
               intended
               to
               St.
               Peter
               ,
               or
               his
               Successors
               .
            
          
           
             
               A.
               
            
             
               I
               hope
               you
               have
               now
               put
               a
               Period
               to
               the
               History
               of
               the
               Dispensative
               Power
               of
               the
               Crown
               ,
               that
               was
               exercised
               in-the
               interpreting
               of
               any
               parts
               of
               the
               Oath
               of
               Supremacy
               ,
               or
               the
               37th
               Article
               thereto
               relating
               .
               You
               have
               named
               to
               me
               so
               many
               interpretations
               of
               the
               Oath
               ,
               that
               according
               to
               the
               wisdom
               of
               our
               State
               ,
               and
               the
               
                 Lex
                 &
                 Consuetudo
                 Parliamenti
              
               making
               a
               Bill
               to
               be
               thrice
               read
               in
               each
               House
               of
               Parliament
               ,
               and
               then
               receiving
               the
               Royal
               Assent
               to
               be
               thought
               like
               Gold
               seven
               times
               purify'd
               ,
               may
               shew
               the
               interpretation
               of
               the
               Law
               to
               be
               so
               too
               .
               But
               tho
               I
               will
               account
               any
               good
               Law
               to
               be
               more
               precious
               then
               Gold
               ,
               yet
               if
               like
               Gold
               it
               be
               too
               far
               extended
               by
               ductile
               interpretation
               ,
               it
               may
               be
               drawn
               to
               such
               a
               thinness
               as
               to
               lose
               all
               its
               weight
               and
               estimation
               ,
               and
               retain
               only
               a
               poor
               tincture
               and
               colour
               that
               will
               signifie
               little
               or
               nothing
               .
               And
               as
               Pliny
               in
               his
               Panegyrick
               on
               Trajan
               said
               ,
               that
               by
               reason
               of
               the
               multitudes
               of
               sutes
               upon
               Penal
               Laws
               in
               Rome
               ,
               there
               was
               danger
               till
               
               Trajan's
               time
               ,
               
                 ne
                 Civitas
                 fundata
                 legibus
                 ,
                 legibus
                 everteretur
              
               ;
               so
               a
               Law
               whose
               Obligatoriness
               is
               founded
               on
               interpretations
               may
               be
               endanger'd
               by
               the
               multitudes
               of
               them
               to
               be
               destroy'd
               ,
               and
               may
               like
               the
               Papal
               Laws
               of
               New
               Rome
               by
               the
               infinite
               interpretations
               of
               Casuists
               in
               the
               
                 forum
                 internum
              
               (
               which
               is
               their
               Tribunal
               )
               be
               brought
               to
               signifie
               nothing
               in
               either
               forum
               ,
               and
               to
               be
               only
               an
               Engine
               to
               make
               Perplexities
               .
            
             
               You
               have
               given
               me
               here
               such
               a
               Genealogy
               of
               interpretations
               ,
               that
               according
               to
               the
               common
               Story
               of
               
                 Arise
                 Daughter
              
               ,
               &c.
               one
               may
               say
               ,
               
                 Arise
                 Interpretation
                 ,
                 and
                 go
                 to
                 thy
                 Interpretation
                 ,
              
               &c.
               
               I
               shall
               therefore
               be
               glad
               now
               you
               have
               been
               so
               largely
               communicative
               of
               your
               thoughts
               to
               me
               about
               the
               assertory
               part
               of
               the
               Oath
               ,
               you
               will
               deal
               as
               frankly
               with
               me
               in
               acquainting
               me
               with
               what
               may
               in
               the
               Promissory
               part
               of
               the
               Oath
               be
               of
               importance
               for
               me
               to
               know
               in
               order
               to
               the
               better
               discharge
               of
               my
               Duty
               in
               the
               Case
               before
               me
               .
            
          
           
             
               B.
               
            
             
               I
               shall
               therein
               be
               most
               ready
               to
               serve
               you
               when
               we
               meet
               next
               :
               for
               the
               entire
               Consideration
               of
               what
               according
               to
               the
               Assertory
               part
               of
               the
               Oath
               you
               are
               obliged
               to
               do
               ,
               will
               I
               see
               ,
               be
               as
               great
               a
               load
               as
               both
               our
               patiences
               will
               at
               this
               time
               bear
               ;
               and
               therefore
               according
               to
               the
               Saying
               of
               
                 Must
                 is
                 for
                 the
                 King
              
               ;
               I
               am
               to
               tell
               you
               ,
               that
               let
               our
               Kings
               make
               never
               so
               many
               interpretations
               one
               after
               another
               of
               this
               your
               Oath
               ,
               you
               must
               (
               finding
               them
               all
               Consistent
               with
               one
               another
               )
               consider
               them
               all
               with
               all
               due
               regar●…
               〈◊〉
               thank
               God
               and
               them
               when
               their
               Consciences
               being
               inclined
               to
               a
               tenderness
               for
               the
               doubting
               of
               yours
               ,
               they
               interpose
               their
               Dispensative
               Power
               of
               that
               kind
               .
               And
               hereupon
               I
               shall
               tell
               you
               that
               in
               the
               year
               1628.
               
               King
               Charles
               the
               First
               did
               cause
               the
               39
               Articles
               to
               be
               reprinted
               ,
               and
               with
               a
               Declaration
               before
               the
               same
               made
               by
               him
               as
               
                 Supreme
                 Governor
                 of
                 the
                 Church
                 within
                 his
                 Dominions
                 ,
              
               that
               those
               Articles
               contain
               the
               true
               Doctrine
               of
               the
               Church
               of
               England
               ,
               and
               that
               
                 if
                 any
                 Difference
                 should
                 arise
                 about
                 the
                 external
                 Policy
                 concerning
                 Injunctions
                 ,
                 Canons
                 or
                 other
                 Constitutions
                 whatsoever
                 belonging
                 to
                 the
                 Church
                 of
              
               England
               ,
               
                 the
                 Clergy
                 in
                 their
                 Convocation
                 ,
                 is
                 to
                 order
                 and
                 settle
                 them
                 ,
              
               &c.
               
                 he
                 approving
                 their
                 said
                 Ordinances
              
               ,
               &c.
               
                 that
                 the
                 Bishops
                 and
                 Clergy
                 shall
                 have
                 licence
                 under
                 the
                 Broad
                 Seal
                 to
                 deliberate
                 of
                 ,
                 and
                 do
                 all
                 such
                 things
                 as
                 being
                 made
                 plain
                 by
                 them
                 and
                 assented
                 to
                 him
                 ,
                 shall
                 concern
                 the
                 setled
                 Continuance
                 of
                 the
                 Doctrine
                 and
                 Discipline
                 of
                 the
                 Church
                 of
              
               England
               ,
               &c.
               and
               then
               having
               respect
               to
               the
               Article
               wherein
               the
               Arminians
               and
               Antiarminians
               were
               concern'd
               ,
               't
               is
               order'd
               ,
               
               that
               
                 no
                 man
                 hereafter
                 shall
                 either
                 Print
                 or
                 Preach
                 to
                 draw
                 the
                 Article
                 aside
                 any
                 way
                 ,
              
               &c.
               
               But
               the
               
                 first
                 Canon
              
               that
               was
               afterward
               (
               viz.
               A.
               1640.
               )
               made
               ,
               was
               that
               
                 concerning
                 the
                 Regal
                 Power
              
               ,
               which
               begins
               with
               
                 taking
                 notice
                 
                   that
                   sundry
                   Laws
                   ,
                   Ordinances
                   ,
                   and
                   Constitutions
                   had
                   been
                   formerly
                   made
                   for
                   the
                   acknowledgment
                   and
                   profession
                   of
                   the
                   most
                   lawful
                   and
                   independent
                   Authority
                   of
                   our
                   Dread
                   Sovereign
                   Lord
                   the
                   King
                   over
                   the
                   state
                   Ecclesiastical
                   and
                   Civil
                
              
               ,
               and
               then
               enjoyns
               them
               
                 to
                 be
                 ALL
                 carefully
                 observ'd
                 by
                 all
                 persons
                 whom
                 they
                 Concern
                 upon
                 the
                 Penalties
                 in
                 the
                 said
                 Laws
                 and
                 Constitutions
                 express'd
                 ,
              
               and
               then
               
                 decrees
                 ,
                 
                   that
                   the
                   Clergy
                   shall
                   read
                   the
                   following
                   Explanation
                   of
                   the
                   Regal
                   Power
                
              
               :
               and
               where
               the
               words
               ,
               
                 A
                 Supreme
                 Power
                 is
                 given
                 to
                 this
                 most
                 excellent
                 Order
                 (
                 i.
                 e.
              
               of
               Kings
               )
               
                 by
                 God
                 himself
                 in
                 the
                 Scriptures
                 ,
                 which
                 is
                 ,
                 that
                 Kings
                 should
                 rule
                 and
                 Command
                 in
                 their
                 several
                 Dominions
                 all
                 persons
                 of
                 what
                 Rank
                 or
                 Estate
                 soever
                 ,
                 whether
                 Ecclesiastical
                 or
                 Civil
                 ,
                 and
                 that
                 they
                 should
                 restrain
                 and
                 punish
                 with
                 the
                 Temporal
                 Sword
                 all
                 stubborn
                 and
                 wicked
                 doers
                 ,
              
               shew
               they
               had
               then
               the
               37th
               of
               the
               39
               Articles
               in
               their
               eye
               :
               and
               some
               other
               words
               ,
               
                 viz.
                 
                   for
                   any
                   person
                   or
                   persons
                   to
                   set
                   up
                   ,
                   maintain
                   or
                   avow
                   respectively
                   under
                   any
                   pretence
                   whatsoever
                   ,
                   any
                   independent
                   Coactive
                   Power
                   ,
                   either
                   papal
                   ,
                   or
                   popular
                   ,
                
              
               &c.
               
                 is
                 to
                 undermine
                 their
                 great
                 Royal
                 Office
                 ,
              
               shew
               they
               had
               an
               Eye
               on
               that
               37th
               Article
               ,
               and
               on
               your
               Oath
               ,
               and
               where
               they
               did
               speak
               out
               that
               sense
               of
               the
               
                 Clause
                 ,
                 
                   The
                   Bishop
                   of
                
              
               Rome
               
                 hath
                 no
                 Iurisdiction
              
               ,
               &c.
               and
               of
               the
               words
               in
               the
               Oath
               ,
               that
               
                 no
                 foreign
                 Prelate
                 hath
                 or
                 ought
                 to
                 have
                 any
                 Iurisdiction
                 ,
              
               &c.
               
                 that
                 is
              
               ,
               that
               the
               Bishop
               of
               Rome
               had
               here
               no
               
                 independent
                 Coactive
                 Iurisdiction
              
               ,
               the
               sense
               in
               which
               all
               considerate
               Persons
               who
               were
               Members
               of
               the
               Church
               of
               Rome
               in
               Harry
               the
               8th's
               time
               ,
               and
               of
               the
               Church
               of
               England
               in
               Edward
               the
               6th's
               time
               ,
               took
               the
               
                 old
                 
                   Oath
                   of
                   Supremacy
                
                 ,
              
               and
               the
               Members
               of
               the
               Church
               of
               England
               in
               Queen
               Elizabeth's
               time
               and
               ever
               since
               took
               the
               new
               one
               .
            
             
               As
               for
               Non-conformists
               ,
               who
               think
               the
               Government
               of
               Bishops
               unlawful
               ,
               this
               Clause
               ,
               that
               no
               foreign
               Bishop
               hath
               or
               ought
               to
               have
               any
               Iurisdiction
               in
               the
               
                 forum
                 internum
              
               wanted
               no
               relief
               in
               their
               Case
               from
               the
               Dispensative
               Power
               of
               interpretation
               .
            
             
               Nor
               did
               those
               of
               the
               Church
               of
               England
               who
               convers'd
               with
               the
               Statute-Book
               want
               the
               Crown
               's
               interpretation
               of
               this
               Clause
               in
               the
               Oath
               ;
               for
               the
               scope
               of
               the
               Statute
               of
               the
               35th
               of
               H.
               the
               8th
               ,
               that
               enjoyn'd
               the
               old
               Oath
               of
               Supremacy
               (
               and
               from
               whence
               this
               Clause
               in
               the
               New
               one
               had
               its
               rise
               )
               was
               not
               to
               break
               the
               Measures
               of
               St.
               Cyprian
               about
               the
               Unity
               of
               Episcopal
               Power
               ,
               but
               in
               effect
               to
               repress
               the
               Usurp'd
               independent
               Coactive
               Power
               of
               the
               Bishop
               of
               Rome
               ,
               and
               which
               several
               of
               the
               following
               words
               in
               that
               Oath
               sufficiently
               evince
               ,
               and
               which
               did
               bind
               the
               
                 Swearer
                 
                   to
                   defend
                   and
                   maintain
                   all
                   other
                   Acts
                   and
                   Statutes
                   made
                   or
                   to
                   be
                   made
                   within
                   this
                   Realm
                   for
                   the
                   Extirpation
                   and
                   Extinguishment
                   of
                   the
                   ururped
                   and
                   pretended
                   Authority
                   ,
                   Power
                   and
                   Iurisdiction
                   of
                   the
                   See
                   and
                   Bishop
                   of
                
              
               Rome
               ,
               &c.
               
               And
               Queen
               Elizabeth
               finding
               the
               Oath
               thus
               ,
               at
               her
               coming
               to
               the
               Throne
               ,
               she
               like
               a
               wise
               Reformer
               ,
               would
               not
               make
               any
               breach
               in
               the
               World
               wider
               then
               necessity
               required
               ;
               and
               probably
               supposing
               that
               mens
               Allegiance
               having
               been
               used
               to
               the
               yoke
               of
               several
               words
               in
               that
               Oath
               that
               related
               to
               the
               renouncing
               and
               farsaking
               of
               
                 foreign
                 Iurisdiction
              
               ,
               would
               draw
               more
               quietly
               in
               the
               same
               ,
               and
               that
               according
               to
               the
               Rule
               of
               
                 quod
                 necessario
                 subintelligitur
                 non
                 deest
              
               ,
               there
               being
               no
               
                 solutio
                 continui
              
               imagin'd
               by
               any
               to
               be
               design'd
               in
               the
               Unity
               of
               the
               Episcopal
               Power
               ,
               when
               the
               Clause
               of
               
                 utterly
                 testifying
                 and
                 declaring
                 ,
                 that
                 neither
                 the
                 See
                 nor
                 Bishop
                 of
                 Rome
                 hath
                 nor
                 ought
                 to
                 have
                 any
                 Iurisdiction
                 ,
                 Power
                 or
                 Authority
                 within
                 this
              
               
               Realm
               ,
               &c.
               was
               inserted
               in
               the
               old
               Oath
               ,
               it
               ought
               to
               be
               judged
               that
               nothing
               derogatory
               to
               the
               order
               of
               Bishops
               could
               be
               intended
               in
               the
               Clause
               of
               the
               new
               Oath
               by
               her
               introduced
               .
               And
               according
               to
               the
               Rule
               of
               
                 Analogum
                 perse
                 positum
              
               ,
               &c.
               
               Jurisdiction
               being
               to
               be
               taken
               for
               Coactive
               Jurisdiction
               ,
               the
               Clause
               relating
               to
               any
               foreign
               Prelates
               having
               here
               
                 no
                 Iurisdiction
              
               hath
               been
               still
               meant
               of
               
                 none
                 Coactive
              
               .
               Mr.
               Rogers
               therefore
               writing
               on
               the
               39
               Articles
               ,
               hath
               thus
               fairly
               commented
               on
               that
               Clause
               in
               the
               37th
               ,
               
                 The
                 Pope
                 hath
                 no
                 Iurisdiction
              
               ,
               &c.
               
               
                 His
                 Iurisdiction
                 hath
                 been
                 and
                 is
                 justly
                 renounced
                 and
                 banish'd
                 out
                 of
              
               England
               
                 by
                 many
                 Kings
                 and
                 Parliaments
                 ,
                 as
                 by
                 King
              
               Edward
               
                 1st
                 ,
                 3d
                 ,
                 and
                 6th
                 :
                 by
                 King
              
               Richard
               
                 the
                 2d
              
               ,
               Harry
               
                 the
                 4th
                 ,
                 6th
                 ,
                 8th
                 ,
                 and
                 by
                 Queen
              
               Elizabeth
               ,
               
                 and
                 by
                 our
                 most
                 noble
                 King
              
               James
               .
            
             
               But
               that
               the
               Church
               of
               England
               intended
               no
               War
               against
               the
               Unity
               of
               Episcopacy
               by
               the
               Canons
               of
               1640.
               (
               which
               yet
               have
               the
               words
               of
               
                 Popery's
                 being
                 a
                 gross
                 kind
                 of
                 Superstition
                 ,
              
               and
               of
               the
               
                 Mass
                 being
                 Idolatry
              
               ,
               and
               do
               ininflict
               a
               temporary
               disability
               ,
               namely
               that
               of
               Excommunication
               on
               Popish
               Recusants
               )
               may
               appear
               by
               the
               tenderness
               there
               used
               to
               the
               Church
               of
               Rome
               in
               sparing
               to
               impute
               the
               Superstition
               of
               Popery
               to
               that
               whole
               Church
               by
               name
               .
               And
               the
               6th
               Canon
               ,
               having
               mention'd
               the
               
                 Convocation's
                 being
                 desirous
                 to
                 declare
                 their
                 sincerity
                 and
                 constancy
                 in
                 the
                 profession
                 of
                 the
                 Doctrine
                 and
                 Discipline
                 Establish'd
                 in
                 the
                 Church
                 of
              
               England
               (
               i.
               e.
               the
               Doctrine
               of
               the
               39
               
                 Articles
                 )
                 and
                 to
                 secure
                 all
                 men
                 against
                 any
                 suspicion
                 of
                 revolt
                 to
                 Popery
                 ,
                 or
                 any
                 other
                 Superstition
                 ,
              
               and
               enjoyn'd
               a
               
                 new
                 Oath
              
               against
               all
               innovation
               of
               
                 Doctrine
                 or
                 Discipline
              
               to
               be
               taken
               by
               the
               Clergy
               (
               the
               assertory
               part
               whereof
               hath
               in
               it
               an
               Approbation
               of
               the
               Doctrine
               and
               Discipline
               or
               Government
               established
               in
               the
               Church
               of
               England
               ,
               as
               
                 containing
                 all
                 things
                 necessary
                 for
                 Salvation
                 ,
              
               and
               the
               Promissory
               part
               ,
               a
               
                 Promise
                 not
                 to
                 endeavour
                 to
                 bring
                 in
                 any
                 Popish
                 Doctrine
                 contrary
                 to
                 that
                 which
                 is
                 so
                 establish'd
                 ,
              
               &c.
               
                 and
                 not
                 to
                 give
                 consent
                 ever
                 to
                 subject
                 it
                 to
                 the
                 Usurpations
                 and
                 Superstitions
                 of
                 the
                 See
                 of
              
               Rome
               )
               Mr.
               Bagshaw
               in
               his
               Argument
               in
               Parliament
               concerning
               those
               Canons
               ,
               took
               occasion
               to
               criticise
               on
               the
               
                 not
                 subjecting
                 out
                 Church
                 to
                 the
                 Usurpation
                 and
                 Superstitions
                 of
                 the
                 See
                 of
              
               Rome
               ,
               and
               to
               call
               it
               
                 a
                 Negative
                 Pregnant
              
               ;
               that
               is
               to
               say
               (
               as
               his
               words
               are
               )
               
                 you
                 may
                 not
                 subject
                 the
                 Church
                 of
              
               England
               
                 to
                 the
                 See
                 of
              
               Rome
               ,
               
                 but
                 to
                 the
                 Church
                 of
              
               Rome
               
                 you
                 may
                 .
                 Now
                 there
                 is
                 as
                 much
                 difference
                 between
                 the
                 See
                 of
              
               Rome
               
                 and
                 the
                 Church
                 of
              
               Rome
               ,
               
                 as
                 betwixt
                 Treason
                 and
                 Trespass
                 ,
                 and
                 this
                 appears
                 plainly
                 by
                 the
                 Statute
                 of
              
               23.
               
               Eliz.
               c.
               1.
               
                 where
                 it
                 is
                 said
                 ,
                 that
                 to
                 be
                 reconciled
                 to
                 the
                 See
                 of
              
               Rome
               
                 is
                 Treason
                 :
                 but
                 to
                 be
                 reconciled
                 to
                 the
                 Church
                 of
              
               Rome
               
                 is
                 not
                 Treason
                 ;
                 for
                 then
                 every
                 Papist
                 would
                 be
                 a
                 Traytor
                 ,
                 being
                 a
                 Member
                 of
                 the
                 Church
                 ,
                 and
                 therefore
                 reconciled
                 to
                 it
                 .
                 Now
                 the
                 See
                 of
              
               Rome
               
                 is
                 nothing
                 else
                 but
                 the
                 Papacy
                 or
                 Supremacy
                 of
                 the
                 Pope
                 ,
                 whereby
                 by
                 virtue
                 of
                 the
                 Canon
                 ,
              
               unam
               Sanctam
               ,
               
                 made
                 by
                 Pope
              
               Boniface
               
                 the
                 8th
                 ,
                 he
                 challengeth
                 a
                 Superiority
                 of
                 Iurisdiction
                 and
                 Correction
                 over
                 all
                 Kings
                 and
                 Princes
                 upon
                 Earth
                 :
                 and
                 those
                 Persons
                 which
                 take
                 the
              
               juramentum
               fidei
               
                 contain'd
                 in
                 the
                 end
                 of
                 the
                 Council
                 of
              
               Trent
               ,
               
                 which
                 acknowledgeth
                 this
                 Supremacy
                 ,
                 are
                 said
                 to
                 be
                 reconciled
                 to
                 this
                 See.
                 The
                 Church
                 of
              
               Rome
               
                 is
                 nothing
                 else
                 but
                 a
                 number
                 of
                 Men
                 within
                 the
                 Pope's
                 Dominions
                 and
                 elsewhere
                 professing
                 the
                 Religion
                 of
                 Poperty
                 :
                 and
                 that
                 the
                 Clergy
                 had
                 an
                 ill
                 meaning
                 in
                 leaving
                 this
                 Clause
                 in
                 the
                 Oath
                 thus
                 loose
                 ,
                 I
                 have
                 some
                 reason
                 to
                 imagine
                 when
                 I
                 find
                 it
                 in
                 their
                 late
                 Books
                 ,
                 that
                 they
                 say
                 the
                 Church
                 of
              
               Rome
               
                 is
                 a
                 true
                 Church
                 ,
                 and
                 Salvation
                 is
                 to
                 be
                 had
                 in
                 it
                 .
              
            
             
               And
               if
               it
               were
               tanti
               after
               having
               said
               so
               much
               ,
               to
               say
               yet
               any
               thing
               more
               to
               prop
               up
               the
               safety
               of
               your
               taking
               the
               Oath
               of
               Supremacy
               with
               the
               Clause
               whose
               sense
               hath
               been
               propp'd
               up
               by
               so
               many
               Acts
               of
               the
               Dispensative
               Power
               of
               interpreting
               ,
               I
               could
               tell
               you
               that
               in
               Sir
               
                 Iohn
                 Winter's
                 Observations
              
               
               
                 on
                 the
                 Oath
                 of
                 Supremacy
              
               ,
               Printed
               A.
               1679.
               he
               having
               there
               consider'd
               Queen
               
                 Elizabeths
                 interpretation
                 in
                 the
                 Admonition
              
               ,
               and
               the
               
                 Confirmation
                 of
                 that
                 Admonition
                 by
                 her
                 Majesty
                 in
                 Parliament
              
               by
               the
               Proviso
               in
               the
               Statute
               of
               5
               o
               Eliz.
               c.
               1.
               and
               the
               whole
               drift
               of
               the
               Statute
               1
               o
               Eliz.
               by
               which
               the
               Oath
               was
               enacted
               ,
               and
               what
               Bishop
               Carleton
               and
               the
               Primate
               Bramhal
               writ
               of
               the
               ancient
               Jurisdiction
               restored
               to
               the
               Crown
               by
               that
               Statute
               ,
               and
               that
               on
               the
               whole
               Matter
               the
               design
               of
               the
               Oath
               was
               not
               to
               invest
               her
               with
               the
               exercise
               of
               the
               spiritual
               Jurisdiction
               left
               by
               Christ
               to
               his
               Apostles
               and
               their
               Successors
               ,
               but
               to
               leave
               that
               entire
               to
               them
               ,
               saith
               at
               the
               end
               of
               his
               Book
               ,
               that
               
                 it
                 is
                 not
                 the
                 true
                 meaning
                 of
                 the
                 Oath
                 explain'd
                 in
                 manner
                 as
                 abovesaid
                 ,
                 which
                 makes
                 many
                 of
                 the
                 Roman-Catholicks
                 refuse
                 to
                 take
                 it
                 ,
              
               &c.
               and
               then
               makes
               the
               
                 Explanations
                 not
                 being
                 known
                 to
                 all
                 ,
                 and
                 their
                 intricacy
                 ,
                 and
                 the
                 constant
                 tendring
                 of
                 the
                 Oath
                 for
                 so
                 many
                 years
                 without
                 the
                 aforesaid
                 Explanation
                 ,
                 likely
                 to
                 give
                 just
                 Cause
                 of
                 Scandal
                 ,
              
               and
               thereupon
               
                 he
                 wishes
                 that
                 that
                 Oath
                 ,
                 and
                 the
                 other
                 of
                 Allegiance
                 which
                 are
                 required
                 of
                 them
                 under
                 so
                 great
                 Penalties
                 ,
                 may
                 be
                 clear'd
                 of
                 those
                 doubtful
                 Expressions
                 in
                 them
                 which
                 cause
                 their
                 scruples
                 ,
              
               &c.
               
                 whereby
                 they
                 may
                 to
                 the
                 entire
                 Satisfaction
                 of
                 His
                 Majesty
                 and
                 the
                 Nation
                 ,
                 fully
                 testifie
                 the
                 Allegiance
                 and
                 Fidelity
                 of
                 faithful
                 Subjects
                 and
                 true
                 Patriots
                 ,
                 and
                 no
                 longer
                 remain
                 as
                 they
                 generally
                 now
                 do
                 distrusted
                 ,
              
               &c.
               
               But
               there
               was
               another
               Book
               that
               
                 year
                 Publish'd
              
               by
               a
               Roman
               Catholick
               ,
               of
               which
               the
               title
               was
               
                 A
                 seasonable
                 Discourse
                 shewing
                 how
                 that
                 the
                 Oaths
                 of
                 Allegiance
                 and
                 Supremacy
                 (
                 as
                 our
                 Laws
                 interpret
                 them
                 )
                 contain
                 nothing
                 which
                 any
                 good
                 Christian
                 ought
                 to
                 boggle
                 at
                 ,
              
               and
               where
               the
               Saying
               of
               Tertullian
               is
               quoted
               ,
               
                 Bonae
                 res
                 neminem
                 scandalizant
                 ,
                 ni●…
                 malam
                 mentem
                 ,
              
               &c.
               and
               where
               having
               taken
               notice
               of
               the
               Queen's
               Admonition
               ,
               and
               the
               Proviso
               of
               the
               Statute
               of
               5
               o
               Eliz.
               and
               the
               37th
               Article
               ,
               and
               the
               Iudgments
               of
               the
               Bishops
               ,
               Bramhal
               and
               Carleton
               ,
               as
               Sir
               
                 Iohn
                 Winter
              
               had
               done
               (
               and
               for
               the
               same
               purpose
               )
               giveth
               his
               Judgment
               that
               
                 the
                 taking
                 of
                 those
                 Oaths
                 gives
                 no
                 Scandal
                 :
              
               and
               he
               in
               p.
               38.
               averrs
               ,
               that
               Sir
               John
               Winter
               
                 told
                 him
                 many
                 years
                 ago
                 that
                 he
                 had
                 the
                 Iudgment
                 of
                 Sorbouists
                 ,
                 Secular
                 Priests
                 ,
                 and
                 Iesuites
                 ,
                 that
                 he
                 might
                 take
                 the
                 Oath
                 of
                 Supremacy
                 ,
                 declaring
                 the
                 sense
                 which
                 the
                 Law
                 allows
                 .
              
               And
               I
               shall
               here
               by
               the
               way
               take
               notice
               that
               as
               to
               the
               Oath
               of
               
                 Allegiance
                 ,
                 F.
                 Cressy
              
               saith
               in
               his
               
                 Epistle
                 Apologetical
              
               ,
               p.
               111.
               
                 that
                 few
                 Roman
                 Catholicks
                 (
                 if
                 any
                 at
                 all
                 )
                 would
                 refuse
                 that
                 Oath
                 if
                 that
                 unlucky
                 word
              
               heretical
               
                 were
                 blotted
                 out
              
               ,
               &c.
               
                 or
                 if
                 they
                 might
                 change
                 heretical
                 into
                 ,
                 contrary
                 to
                 the
                 Word
                 of
                 God
                 ,
                 which
              
               (
               he
               saith
               )
               
                 he
                 verily
                 believes
                 was
                 the
                 sense
                 intended
                 by
                 King
              
               James
               .
            
             
               But
               now
               after
               all
               this
               said
               ,
               I
               shall
               tell
               you
               that
               according
               to
               what
               is
               observ'd
               by
               the
               generality
               of
               Writers
               ,
               o●…
               Princes
               easing
               their
               Subjects
               by
               their
               Dispensative
               Power
               of
               interpreting
               their
               Laws
               ,
               viz.
               That
               they
               take
               occasion
               then
               to
               intermix
               with
               such
               interpretation
               somewhat
               else
               that
               may
               advance
               their
               Power
               ;
               there
               were
               Fears
               and
               Iealousies
               that
               some
               of
               these
               foremention'd
               interpretations
               ,
               tho
               lessening
               the
               spiritual
               Power
               of
               the
               Crown
               might
               enlarge
               its
               temporal
               ,
               and
               particularly
               such
               as
               in
               the
               
                 Queen's
                 Admonition
              
               mention'd
               
                 the
                 Duty
                 ,
                 Allegiance
                 and
                 Bond
                 acknowledg'd
                 to
                 be
                 due
                 to
              
               Harry
               the
               
                 Eighth
                 ,
                 and
              
               Edward
               
                 the
                 Sixth
              
               :
               and
               (
               as
               I
               partly
               before
               hinted
               )
               such
               as
               in
               the
               Proviso
               in
               the
               Act
               of
               the
               5th
               of
               the
               Queen
               ,
               that
               ratifying
               the
               Admonition
               hath
               in
               it
               the
               additional
               words
               of
               
                 acknowledging
                 in
                 her
                 Majesty
                 ,
                 her
                 Heirs
                 and
                 Successors
                 the
                 Authority
                 that
                 was
                 challenged
                 and
                 lately
                 used
                 by
              
               Harry
               
                 the
                 Eighth
                 ,
                 and
              
               Edward
               
                 the
                 Sixth
              
               ,
               and
               such
               as
               in
               the
               37th
               Article
               explain'd
               the
               Queen's
               Power
               by
               
                 that
                 given
                 by
                 God
                 himself
                 to
                 all
                 GODLY
                 Princes
                 in
                 Scripture
              
               (
               and
               where
               notwithstanding
               the
               Word
               Godly
               being
               put
               in
               there
               to
               gild
               the
               Pill
               of
               the
               Absolute
               Power
               of
               the
               
                 Iewish
                 Kings
              
               ,
               and
               to
               make
               it
               be
               the
               more
               easily
               swallow'd
               ,
               the
               
               real
               meaning
               was
               
                 the
                 Power
                 given
                 to
              
               all
               
                 the
                 Iewish
                 Kings
              
               :
               for
               the
               right
               of
               their
               Power
               depended
               not
               on
               their
               Godliness
               )
               and
               such
               as
               in
               the
               Canons
               of
               King
               
                 Iames
                 
                   ipso
                   facto
                
                 Excommunicate
                 all
                 that
                 do
                 not
                 give
                 the
                 King
                 the
                 same
                 Authority
                 in
                 Causes
                 Ecclesiastical
                 ,
                 not
                 only
                 that
                 the
                 Godly
                 Kings
                 had
                 among
                 the
                 Iews
                 ,
                 but
                 what
                 the
                 Christian
                 Emperors
                 had
                 in
                 the
                 Primitive
                 Church
                 .
              
               And
               there
               too
               notwithstanding
               the
               
                 word
                 Christian
              
               might
               be
               for
               the
               like
               reason
               put
               in
               as
               that
               of
               Godly
               was
               ,
               and
               to
               cause
               the
               owning
               of
               that
               absolute
               Imperial
               Power
               ,
               which
               pursuant
               to
               the
               
                 Lex
                 Regia
              
               was
               used
               by
               the
               Christian
               Emperors
               as
               well
               as
               their
               Heathen
               Predecessors
               in
               punishing
               Heterodoxy
               
                 ad
                 libitum
              
               ,
               the
               meaning
               of
               the
               Canon
               was
               not
               to
               devest
               Heathen
               Emperors
               of
               their
               right
               of
               judging
               about
               Matters
               of
               Religion
               ,
               and
               as
               to
               which
               Grotius
               in
               his
               
                 Letter
                 to
                 the
                 States
                 Embassador
              
               ,
               having
               said
               ,
               
                 neither
                 would
              
               Paul
               
                 have
                 appeal'd
                 to
              
               Nero
               ,
               
                 had
                 he
                 judged
                 that
                 no
                 right
                 of
                 Iudging
                 in
                 a
                 Case
                 of
                 Religion
                 belong'd
                 to
                 him
                 ,
              
               addeth
               ,
               
                 Wherefore
                 as
              
               Trajan
               
                 Civilly
                 honest
              
               ,
               Nero
               
                 wicked
                 are
                 equal
                 in
                 the
                 Right
                 of
                 Government
                 ,
                 so
                 Pious
              
               Constantine
               
                 and
                 Impious
              
               Nero
               ,
               
                 are
                 equal
                 in
                 the
                 right
                 of
                 judging
                 ,
                 in
                 aptitude
                 and
                 skill
                 unequal
                 .
              
               The
               Canons
               therefore
               of
               Forty
               ,
               enjoyning
               the
               Explanation
               or
               
                 Interpretation
                 of
                 the
                 Regal
                 Power
              
               there
               inserted
               to
               be
               one
               Sunday
               in
               every
               Quarter
               of
               the
               Year
               read
               by
               the
               Clergy
               to
               their
               Flocks
               ,
               did
               well
               provide
               for
               the
               cautioning
               them
               as
               against
               the
               setting
               up
               any
               
                 independent
                 Coactive
                 Power
                 
                   either
                   Papal
                   or
                   Popular
                
              
               ,
               so
               against
               
                 Fears
                 and
                 Iealousies
              
               relating
               to
               their
               Properties
               in
               their
               Goods
               and
               Estates
               :
               and
               by
               that
               Explanation
               they
               shew
               that
               
                 Christ
                 came
                 not
                 to
                 Undermine
                 or
                 Disturb
                 ,
                 but
                 to
                 Confirm
                 the
                 Civil
                 Government
                 of
                 Pagan
                 Princes
                 ,
                 and
                 that
                 in
                 the
                 first
                 times
                 of
                 Christ's
                 Church
                 ,
                 Christians
                 were
                 ready
                 to
                 submit
                 their
                 very
                 Lives
                 to
                 the
                 very
                 Laws
                 and
                 Commands
                 of
                 those
                 Princes
                 .
              
            
          
           
             
               A.
               
            
             
               But
               doth
               that
               Explanation
               of
               the
               
                 Regal
                 Power
              
               assert
               any
               thing
               in
               Defence
               of
               the
               Dispensative
               part
               of
               it
               ?
            
          
           
             
               B.
               
            
             
               You
               see
               how
               without
               wyre-drawing
               any
               Consequences
               ,
               the
               very
               first
               Paragraph
               of
               the
               Explanation
               doth
               both
               strengthen
               the
               foundation
               of
               the
               assertory
               part
               of
               your
               Oath
               ,
               we
               have
               been
               so
               long
               discussing
               ,
               and
               strike
               out
               new
               lights
               in
               the
               Fabrick
               of
               the
               Oath
               .
               You
               see
               it
               tells
               you
               downright
               ,
               that
               
                 A
                 Supreme
                 Power
                 is
                 given
                 to
                 the
                 Order
                 of
                 Kings
                 by
                 God
                 himself
                 in
                 the
                 Scriptures
                 ,
                 which
                 is
                 that
                 Kings
                 should
                 rule
                 and
                 Command
                 in
                 their
                 several
                 Dominions
                 ,
                 all
                 Persons
                 of
                 what
                 rank
                 or
                 estate
                 soever
                 ,
              
               &c.
               
            
             
               And
               the
               Explanation
               doth
               effectually
               enough
               provide
               by
               the
               second
               Paragraph
               that
               Kings
               should
               take
               care
               that
               none
               in
               their
               Dominions
               
                 but
                 the
                 stubborn
                 and
                 evil
                 doers
                 may
                 be
                 restrain'd
                 with
                 the
                 Temporal
                 Sword
                 :
              
               for
               it
               saith
               ,
               
                 The
                 Care
                 of
                 God's
                 ▪
                 Church
                 is
                 so
                 committed
                 to
                 Kings
                 in
                 the
                 Scripture
                 ,
                 that
                 they
                 are
                 commended
                 when
                 the
                 Church
                 keeps
                 the
                 right
                 way
                 ,
                 and
                 taxed
                 when
                 it
                 runs
                 amiss
                 :
                 and
                 therefore
                 her
                 Government
                 belongs
                 in
                 chief
                 to
                 Kings
                 .
                 For
                 otherwise
                 one
                 man
                 would
                 be
                 Commended
                 for
                 another's
                 Care
                 ,
                 and
                 taxed
                 but
                 for
                 another's
                 Negligence
                 ,
                 which
                 is
                 not
                 God's
                 way
                 .
              
               And
               this
               is
               an
               Argument
               taken
               
                 ab
                 absurdo
              
               ,
               and
               the
               strongest
               that
               can
               be
               used
               in
               Law
               ,
               and
               not
               to
               be
               set
               aside
               but
               by
               the
               alledging
               something
               as
               more
               absurd
               against
               it
               ;
               and
               amounts
               to
               this
               ,
               that
               it
               is
               absurd
               that
               Kings
               who
               are
               commended
               ,
               when
               those
               who
               are
               not
               stubborn
               nor
               
                 evil
                 doers
              
               are
               not
               under
               any
               restraint
               by
               the
               
                 Temporal
                 Sword
              
               (
               for
               
                 the
                 Church
                 runs
              
               not
               
                 the
                 right
                 way
              
               ,
               when
               that
               Sword
               is
               a
               terror
               to
               any
               but
               
                 evil
                 doers
              
               )
               and
               tax'd
               on
               the
               contrary
               being
               done
               ,
               should
               not
               be
               judged
               to
               be
               authorized
               to
               exempt
               those
               from
               all
               restraint
               thereby
               .
               And
               when
               the
               People
               are
               not
               liable
               to
               blame
               for
               Kings
               erring
               in
               their
               Judgment
               about
               the
               Persons
               to
               be
               so
               exempted
               from
               restraint
               ,
               nor
               to
               be
               commended
               or
               rewarded
               for
               their
               not
               erring
               therein
               ;
               can
               any
               thing
               be
               more
               absurd
               ,
               then
               for
               the
               
               
                 independent
                 Coactive
              
               Power
               of
               Kings
               it self
               to
               be
               restrain'd
               to
               the
               Punishing
               such
               as
               they
               shall
               judge
               Innocent
               ?
            
             
               But
               the
               two
               tenderest
               things
               in
               the
               World
               are
               Sovereign
               Power
               and
               Conscience
               ,
               and
               both
               of
               them
               were
               made
               with
               a
               
                 Godly
                 Iealousie
              
               and
               tenderness
               to
               support
               one
               another
               ;
               and
               that
               Tender-Conscienced
               Prince
               who
               confirm'd
               this
               Canon
               ,
               did
               in
               it
               variously
               
                 dispensare
                 in
                 lege
              
               ,
               as
               I
               may
               properly
               say
               with
               Allusion
               to
               
                 Suarez
                 de
                 Legibus
              
               ,
               where
               in
               stead
               of
               using
               the
               Common
               Expression
               of
               
                 dispensing
                 WITH
                 Laws
              
               he
               so
               frequently
               mentions
               that
               of
               
                 dispensing
                 IN
                 them
              
               ,
               and
               thereby
               doth
               seem
               to
               take
               off
               somewhat
               of
               the
               harshness
               of
               Questions
               about
               Popes
               or
               
                 Princes
                 dispensing
                 WITH
                 Laws
              
               .
               For
               when
               Sovereigns
               do
               
                 dispensare
                 in
                 lege
              
               ,
               they
               really
               distribute
               their
               Sovereign
               Power
               throughout
               the
               Body
               of
               their
               respective
               Laws
               for
               their
               Preservation
               ,
               and
               as
               the
               heart
               doth
               dispense
               or
               distribute
               Blood
               in
               and
               throughout
               the
               Body-natural
               ,
               and
               the
               Brain
               Animal
               Spirits
               throughout
               the
               
                 genus
                 nervosum
              
               all
               the
               Body
               over
               .
               And
               here
               the
               King
               having
               a
               tender
               regard
               to
               the
               firm
               and
               infirm
               Consciences
               of
               his
               People
               respectively
               ,
               and
               to
               their
               various
               Capacities
               of
               understanding
               ,
               and
               he
               being
               as
               Zealous
               for
               all
               their
               keeping
               their
               Oaths
               of
               Supremacy
               and
               Allegiance
               ,
               as
               any
               Prince
               could
               be
               for
               their
               taking
               them
               ,
               doth
               in
               the
               beginning
               of
               the
               Canon
               ,
               let
               such
               as
               you
               know
               (
               who
               have
               been
               brought
               up
               to
               Study
               ,
               and
               who
               have
               a
               tenacious
               Memory
               ,
               and
               could
               remember
               more
               interpretations
               of
               the
               Oath
               then
               I
               have
               recounted
               to
               you
               if
               they
               had
               been
               given
               by
               our
               Princes
               )
               that
               
                 whereas
                 sundry
                 Laws
                 ,
                 Ordinances
                 and
                 Constitutions
                 have
                 been
                 formerly
                 made
                 for
                 the
                 acknowledgment
                 and
                 profession
                 of
                 the
                 most
                 lawful
                 and
                 independent
                 Authority
                 of
                 our
                 Dread
                 Sovereign
                 Lord
                 the
                 King
                 's
                 most
                 Excellent
                 Majesty
                 over
                 the
                 State
                 Ecclesiastical
                 and
                 Civil
                 ,
              
               &c
               
                 he
                 doth
                 enjoyn
                 them
                 all
                 to
                 be
                 carefully
                 observ'd
                 by
                 all
                 such
                 Persons
                 whom
                 they
                 concern
                 upon
                 the
                 Penalties
                 in
                 the
                 said
                 Laws
                 express
                 .
              
            
             
               Here
               then
               the
               
                 Acts
                 of
                 Parliament
              
               before-mention'd
               ,
               and
               the
               Oaths
               ,
               and
               Articles
               ,
               and
               Canons
               ,
               and
               
                 Authentick
                 interpretations
              
               appear
               to
               look
               you
               in
               the
               face
               ,
               and
               the
               Articles
               particularly
               do
               so
               to
               the
               Clergy
               as
               having
               subscribed
               them
               .
               But
               that
               Pious
               Prince
               as
               their
               Sovereign
               Pastor
               ,
               being
               desirous
               that
               his
               Clergy
               should
               gently
               allure
               the
               Layety
               with
               
                 Line
                 upon
                 Line
                 ,
                 and
                 Precept
                 upon
                 Precept
              
               to
               keep
               their
               Faith
               to
               God
               ,
               and
               Loyalty
               to
               himself
               ,
               rather
               then
               by
               
                 Interpretation
                 upon
                 Interpretation
              
               of
               their
               Oaths
               ,
               would
               not
               in
               this
               Canon
               have
               them
               frighted
               with
               the
               sight
               of
               the
               Oaths
               themselves
               ,
               and
               which
               are
               there
               not
               named
               :
               and
               all
               
                 Archbishops
                 ,
                 Bishops
              
               ,
               and
               inferior
               Priests
               are
               moreover
               by
               the
               Canon
               required
               to
               
                 Preach
                 ,
                 Teach
                 ,
                 and
                 Exhort
                 their
                 people
                 to
                 obey
                 ,
                 honour
                 ,
                 and
                 serve
                 their
                 King
                 ,
                 and
                 that
                 they
                 presume
                 not
                 to
                 speak
                 of
                 his
                 Majesty's
                 Power
                 any
                 other
                 way
                 then
                 in
                 this
                 Canon
                 is
                 exoress'd
              
               ;
               but
               which
               Canon
               gives
               them
               a
               very
               fair
               licence
               to
               speak
               to
               their
               People
               of
               and
               for
               the
               King's
               Power
               of
               disabling
               and
               of
               rehabilitating
               his
               Subjects
               .
               For
               it
               disables
               the
               publick
               Ab●…ttors
               of
               any
               Position
               contrary
               to
               the
               Explications
               of
               the
               
                 Regal
                 Power
              
               therein
               ,
               by
               Excommunicating
               them
               till
               they
               repent
               ,
               and
               for
               the
               
                 first
                 Offence
                 suspends
                 them
                 two
                 years
                 from
                 the
                 Profits
                 of
                 their
                 Benefices
                 ,
                 and
                 for
                 the
                 second
                 deprives
                 them
                 of
                 all
                 their
                 spiritual
                 Promotions
                 :
              
               and
               it
               was
               in
               the
               Canon
               before
               said
               ,
               That
               if
               
                 any
                 Parson
                 ,
                 Uicar
                 ,
                 Curate
                 or
                 Preacher
                 ,
                 shall
                 neglect
                 his
                 Duty
                 in
                 Publishing
                 the
                 said
                 Explications
                 ,
              
               &c.
               
                 he
                 shall
                 be
                 suspended
                 by
                 his
                 Ordinary
                 ,
                 till
                 such
                 time
                 as
                 upon
                 his
                 Penitence
                 he
                 shall
                 give
                 sufficient
                 assurance
                 or
                 Evidence
                 of
                 his
                 amendment
                 ,
                 and
                 in
                 case
                 he
                 be
                 of
                 any
                 EXEMPT
                 Iurisdiction
                 ,
                 he
                 shall
                 be
                 censureable
                 by
                 His
                 Majesty's
                 Commissioners
                 for
                 Causes
                 Ecclesiastical
                 .
              
               And
               the
               Canon
               makes
               any
               Offenders
               against
               it
               in
               the
               Universities
               ,
               as
               being
               exempt
               Jurisdictions
               ,
               there
               censureable
               ,
               
               or
               before
               His
               Majesty's
               Commissioners
               for
               Ecclesiastical
               Causes
               ;
               and
               so
               you
               have
               the
               Canon
               likewise
               by
               securing
               the
               Rights
               of
               exempt
               Jurisdictions
               asserting
               the
               Dispensative
               Power
               .
            
             
               But
               if
               you
               will
               take
               Mr.
               
               Bagshaw's
               word
               in
               his
               first
               Argument
               in
               Parliament
               concerning
               the
               Canons
               ,
               he
               there
               tells
               you
               that
               that
               very
               Canon
               of
               the
               Convocation
               containing
               
                 the
                 Explanation
                 of
                 the
                 Regal
                 Power
                 ,
              
               did
               necessarily
               imply
               their
               declared
               sense
               of
               the
               Laws
               being
               dispens'd
               with
               :
               For
               saith
               he
               ,
               
                 in
                 making
                 Determinations
                 concerning
                 Royal
                 Power
                 ,
                 they
                 have
                 done
                 against
                 Law
                 ,
                 and
                 have
                 medled
                 with
                 things
                 of
                 which
                 they
                 have
                 no
                 Conusance
                 :
                 for
                 the
                 Exposition
                 of
                 them
                 belongs
                 to
                 the
                 Iudges
                 of
                 the
                 Land
                 ,
                 and
                 they
                 have
                 no
                 more
                 right
                 to
                 expound
                 them
                 ,
                 then
                 the
                 Iudges
                 have
                 to
                 expound
                 Texts
                 of
                 Scripture
                 .
              
            
             
               And
               we
               know
               that
               our
               Laws
               have
               been
               so
               careful
               of
               preserving
               the
               Judges
               right
               of
               interpreting
               them
               ,
               that
               they
               allow
               not
               the
               Bishops
               and
               their
               Officials
               Power
               to
               interpret
               any
               Acts
               of
               Parliament
               ,
               tho
               made
               about
               Matters
               of
               their
               Jurisdiction
               ,
               and
               Matters
               merely
               Spiritual
               :
               as
               appears
               out
               of
               Hobart
               .
               84.
               
               
                 Spenloe's
                 Case
              
               ,
               and
               Coke
               3.
               
               Inst.
               where
               he
               saith
               ,
               that
               an
               Act
               of
               Parliament
               made
               about
               things
               merely
               Spiritual
               shall
               be
               construed
               by
               the
               Common
               Law
               〈◊〉
               Judges
               .
            
             
               But
               how
               far
               the
               disabling
               by
               the
               Power
               of
               His
               Majesty's
               Commissioners
               
                 for
                 Ecclesiastical
                 Causes
              
               such
               who
               explain'd
               not
               the
               Regal
               Power
               according
               to
               that
               Canon
               might
               appear
               as
               an
               Instance
               of
               the
               Prerogative
               of
               Disabling
               and
               of
               occasional
               re-ennabling
               ;
               Mr.
               
               Bagshaw's
               
                 second
                 Argument
              
               in
               effect
               exposeth
               it
               to
               Consideration
               ,
               by
               mentioning
               that
               
                 the
                 last
                 Letters
                 Patents
                 of
                 the
                 High
                 Commission
                 were
                 
                   Mich.
                   9.
                   
                   Car.
                
                 in
                 which
                 are
                 contain'd
                 all
                 things
                 ,
                 wherein
                 the
                 Commissioners
                 were
                 to
                 meddle
                 ,
                 and
                 that
                 therefore
                 the
                 Punishing
                 of
                 any
                 there
                 on
                 the
                 account
                 of
                 this
                 new
                 Canon
                 made
                 not
                 a
                 year
                 ago
                 ,
                 could
                 not
                 be
                 pursuant
                 to
                 those
                 Letters
                 Patents
                 .
              
            
             
               His
               first
               Argument
               likewise
               wherein
               he
               gives
               his
               Iudgment
               ,
               that
               by
               Law
               that
               
                 Convocation
                 was
                 dissolv'd
                 by
                 the
                 Dissolution
                 of
                 the
                 Parliament
                 ,
              
               may
               let
               us
               see
               how
               far
               they
               in
               making
               any
               Canon
               depended
               on
               the
               Dispensative
               Power
               of
               Prerogative
               .
            
             
               But
               any
               one
               who
               hates
               Faction
               will
               find
               that
               that
               Author
               did
               needlesly
               inflame
               the
               minds
               of
               that
               Parliament
               of
               Forty
               against
               those
               Canons
               and
               particularly
               with
               the
               foremention'd
               Exception
               against
               the
               first
               on
               the
               Account
               of
               the
               Explanation
               of
               the
               Regal
               Power
               having
               not
               been
               made
               by
               the
               Iudges
               ,
               and
               where
               the
               Exception
               doth
               through
               the
               sides
               of
               the
               Convocation
               strike
               at
               the
               honour
               of
               that
               King
               by
               whom
               those
               Canons
               were
               Confirm'd
               .
            
             
               His
               Majesty
               in
               his
               memorable
               Speech
               at
               the
               Prorogation
               of
               the
               Parliament
               on
               the
               20th
               of
               October
               1628.
               occasionally
               said
               ,
               
                 I
                 Command
                 and
                 all
                 you
                 that
                 are
                 here
                 ,
                 to
                 take
                 notice
                 of
                 what
                 I
                 granted
                 you
                 in
                 your
                 Petition
                 (
                 i.
                 e.
              
               the
               Petition
               of
               Right
               )
               
                 but
                 especially
                 you
                 my
                 Lords
                 the
                 Iudges
                 ,
                 for
                 to
                 you
                 only
              
               under
               me
               
                 belongs
                 the
                 interpretation
                 of
                 the
                 Laws
                 :
                 for
                 none
                 of
                 the
                 Houses
                 of
                 Parliament
                 joynt
                 or
                 separate
                 ,
                 have
                 any
                 Power
                 either
                 to
                 make
                 or
                 declare
                 a
                 Law
                 without
                 my
                 Consent
                 .
              
               Nor
               will
               any
               one
               wonder
               at
               the
               tenderness
               of
               any
               Crown'd
               heads
               in
               preserving
               their
               Right
               ,
               as
               to
               the
               interpretation
               of
               their
               Laws
               ,
               who
               hath
               consider'd
               that
               the
               usage
               of
               the
               ancient
               Romans
               in
               making
               their
               Civil
               Law
               to
               be
               among
               the
               things
               Sacred
               and
               Ceremonies
               of
               their
               Gods
               preserv'd
               in
               the
               
                 Collegium
                 Pontificum
              
               ,
               and
               appropriating
               the
               interpretation
               of
               it
               to
               their
               Pontifices
               ,
               did
               induce
               Augustus
               to
               be
               inaugurated
               
                 Pontifex
                 Maximus
              
               ,
               and
               likewise
               all
               the
               Roman
               Emperors
               from
               Augustus
               to
               Gratian
               to
               assume
               that
               title
               :
               and
               that
               the
               Christian
               Emperors
               ,
               tho
               as
               one
               saith
               ,
               
                 à
                 fucris
                 Romanorum
                 &
                 hoc
                 Pontificis
                 nomine
                 abhorrebant
                 ,
                 in
                 suis
                 tamen
                 Elogiis
                 &
                 nummis
                 passim
                 se
                 Pontifices
                 maximos
                 dici
                 passi
                 sunt
                 ,
                 quod
                 ad
                 hodiernum
                 diem
                 r●…dera
                 .
                 Romana
                 inspicientibus
                 satis
                 consta●…
              
            
             
             
               Nor
               yet
               will
               any
               one
               find
               Cause
               to
               reflect
               on
               the
               memory
               of
               that
               our
               Prince
               for
               want
               of
               consulting
               his
               Iudges
               in
               the
               interpretation
               of
               his
               Laws
               in
               general
               :
               nor
               even
               of
               this
               his
               Ecclesiastical
               Law
               in
               particular
               about
               the
               Explanation
               of
               the
               Regal
               Power
               .
               For
               Heylin
               in
               his
               History
               of
               Archbishop
               Laud
               ,
               saith
               ,
               that
               
                 so
                 tender
                 was
                 His
                 Majesty
                 ,
                 that
                 before
                 he
                 gave
                 his
                 Consent
                 that
                 the
                 Canons
                 of
              
               1640.
               
                 should
                 be
                 tender'd
                 to
                 the
                 Clergy
                 ,
                 to
                 be
                 subscribed
                 ,
                 ●…e
                 caus'd
                 them
                 to
                 be
                 publickly
                 read
                 in
                 Councel
                 ,
                 and
                 before
                 the
                 Iudges
                 there
                 ,
                 and
                 by
                 all
                 whom
                 they
                 were
                 approved
                 ,
              
               &c.
               And
               if
               Mr.
               Bagshaw
               had
               consider'd
               what
               himself
               had
               said
               of
               
                 the
                 Iudges
                 having
                 no
                 Right
                 to
                 Expound
                 texts
                 of
                 Scripture
                 ,
              
               and
               how
               the
               Convocation
               in
               that
               Canon
               did
               introduce
               the
               
                 Supreme
                 Power
                 given
                 to
                 Kings
                 by
                 God
                 himself
                 in
                 the
                 Scripture
                 ,
              
               and
               explain'd
               by
               Regal
               Power
               ,
               
                 Kings
                 ruling
                 and
                 commanding
                 in
                 their
                 several
                 Dominions
                 all
                 Persons
                 of
                 what
                 rank
                 ,
                 or
                 estate
                 soever
                 ,
                 and
                 that
                 they
                 should
                 restrain
                 and
                 punish
                 with
                 the
                 Temporal
                 Sword
                 all
                 stubborn
                 and
                 evil
                 doers
              
               ;
               and
               likewise
               what
               was
               before
               mention'd
               in
               the
               Second
               Paragraph
               of
               the
               Explanation
               ,
               viz.
               of
               
                 the
                 Care
                 of
                 God's
                 Church
                 committed
                 to
                 Kings
                 in
                 the
                 Scripture
                 ,
              
               he
               would
               have
               found
               the
               Interpretation
               of
               the
               Regal
               Supremacy
               as
               built
               on
               the
               Scriptures
               by
               that
               Ca●…
               (
               and
               approved
               too
               by
               the
               Judges
               of
               the
               Land
               )
               to
               have
               not
               been
               exorbitant
               .
            
             
               The
               words
               in
               the
               13th
               of
               the
               Romans
               ,
               of
               the
               
                 Higher
                 Powers
              
               being
               
                 the
                 Ordinance
                 of
                 God
              
               ,
               and
               of
               
                 bearing
                 not
                 the
                 Sword
                 in
                 vain
                 ,
              
               and
               of
               being
               
                 the
                 Minister
                 of
                 God
                 ,
                 and
                 a
                 revenger
                 to
                 execute
                 wrath
                 on
                 him
                 that
                 doth
                 Evil
                 ,
              
               and
               of
               
                 rendring
                 therefore
                 to
                 all
                 their
                 dues
                 ,
                 fear
                 to
                 whom
                 fear
                 ,
                 honour
                 to
                 whom
                 honour
              
               ;
               and
               the
               words
               in
               
                 S.
                 Peter
              
               of
               
                 submitting
                 our selves
                 to
                 every
                 Ordinance
                 of
                 man
                 for
                 the
                 Lord's
                 sake
                 ,
                 whether
                 it
                 be
                 to
                 the
                 King
                 as
                 Supreme
                 ,
                 or
                 unto
                 Governors
                 ,
                 as
                 unto
                 them
                 that
                 are
                 sent
                 by
                 him
                 for
                 the
                 Punishment
                 of
                 evil
                 doers
                 ,
                 and
                 for
                 the
                 Praise
                 of
                 them
                 that
                 do
                 well
                 ,
              
               and
               other
               passages
               in
               Scripture
               ,
               and
               particularly
               in
               the
               Old
               Testament
               ,
               were
               in
               the
               eye
               of
               the
               Convocation
               in
               their
               so
               explaining
               the
               Regal
               Power
               ,
               and
               you
               may
               if
               you
               please
               have
               them
               now
               in
               your
               eye
               ,
               while
               you
               are
               considering
               the
               Case
               before
               you
               ,
               and
               see
               how
               far
               you
               are
               bound
               to
               
                 submit
                 to
                 all
                 Governors
                 who
                 shall
              
               be
               employ'd
               by
               the
               King
               in
               the
               executive
               Power
               of
               his
               Laws
               against
               
                 evil
                 doers
              
               ,
               and
               for
               the
               
                 praise
                 of
                 them
                 that
                 do
                 well
              
               ;
               and
               how
               you
               are
               not
               to
               disparage
               such
               Governors
               who
               are
               so
               sent
               for
               such
               praise
               .
            
             
               But
               it
               is
               not
               to
               be
               wonder'd
               at
               that
               the
               Iudges
               approved
               of
               the
               Contents
               of
               that
               Explanation
               of
               the
               Regal
               Supremacy
               ,
               and
               particularly
               of
               the
               Power
               of
               
                 punishing
                 evil
                 doers
              
               as
               inherent
               in
               the
               Crown
               ,
               since
               the
               same
               hath
               been
               declared
               so
               by
               so
               many
               Acts
               of
               Parliament
               ,
               and
               of
               which
               I
               shall
               name
               one
               to
               you
               that
               I
               have
               not
               yet
               referr'd
               to
               ,
               viz.
               that
               of
               1
               o
               Mariae
               ,
               c.
               1.
               
               Sess.
               2.
               of
               the
               Second
               Parliament
               ,
               of
               which
               the
               title
               is
               ,
               
                 The
                 Regal
                 Power
                 is
                 in
                 the
                 Queens
                 Majesty
                 as
                 fully
                 as
                 it
                 hath
                 been
                 in
                 any
                 her
                 Progenitors
                 ,
              
               and
               where
               't
               is
               said
               that
               
                 For
                 as
                 much
                 as
                 the
                 Imperial
                 Crown
                 of
                 this
                 Realm
                 with
                 all
                 Dignities
                 ,
                 Honours
                 ,
                 Prerogatives
                 ,
                 Iurisdictions
                 and
                 Preheminences
                 thereunto
                 annex'd
                 ,
                 united
                 and
                 belonging
                 ,
                 by
                 the
                 Divine
                 Providence
                 of
                 Almighty
                 God
                 is
                 most
                 lawfully
                 and
                 rightfully
                 descended
                 and
                 come
                 to
                 the
                 Queen's
                 Highness
                 that
                 now
                 is
                 ,
              
               &c.
               
                 and
                 invested
                 in
                 her
                 Royal
                 Person
                 according
                 to
                 the
                 Laws
                 of
                 this
                 Realm
                 ,
                 and
                 by
                 force
                 and
                 virtue
                 of
                 the
                 same
                 all
                 Regal
                 Power
                 ,
                 Dignity
                 ,
                 Honour
                 ,
                 Authority
                 ,
                 Preheminence
                 doth
                 appertain
                 and
                 of
                 right
                 ought
                 to
                 appertain
                 and
                 belong
                 unto
                 her
                 Highness
                 as
                 to
                 the
                 Sovereign
                 Supreme
                 Governor
                 and
                 Queen
                 of
                 this
                 Realm
                 and
                 the
                 Dominions
                 thereof
                 in
                 as
                 full
                 large
                 and
                 ample
                 manner
                 as
                 it
                 hath
                 done
                 heretofore
                 to
                 any
                 other
                 her
                 most
                 noble
                 Progenitors
                 Kings
                 of
                 this
                 Realm
                 ,
              
               (
               the
               ample
               manner
               of
               Harry
               the
               8th's
               Power
               is
               not
               therein
               excepted
               )
               
                 Nevertheless
                 the
                 most
                 ancient
                 Statutes
                 of
                 this
                 Realm
                 being
                 made
                 by
                 Kings
                 then
                 reigning
                 ,
                 do
                 not
                 only
                 attribute
                 and
                 refer
                 all
                 Prerogative
                 ,
              
               
               
                 Preheminence
                 ,
                 Power
                 and
                 Iurisdiction
                 Royal
                 unto
                 the
                 name
                 of
                 King
                 ,
                 but
                 also
                 do
                 give
                 ,
                 assign
                 and
                 appoint
                 the
                 Correction
                 and
                 Punishment
                 of
                 all
                 Offenders
                 against
                 the
                 Regality
                 and
                 Dignity
                 of
                 the
                 Crown
                 ,
                 and
                 the
                 Laws
                 of
                 this
                 Realm
                 unto
                 the
                 King
                 ,
              
               &c.
               
            
             
               And
               considering
               that
               a
               Popish
               Parliament
               of
               Queen
               
               Mary's
               did
               give
               this
               their
               august
               Declarative
               sense
               of
               the
               executive
               Power
               ,
               of
               
                 punishing
                 all
                 Offenders
                 against
                 the
                 Regality
                 and
                 Dignity
                 of
                 the
                 Crown
              
               (
               which
               is
               the
               great
               Offence
               taken
               at
               Popery
               )
               
                 and
                 the
                 Laws
                 of
                 the
                 Realm
                 ,
              
               as
               belonging
               to
               or
               inherent
               in
               our
               Kings
               by
               virtue
               of
               their
               being
               
                 Supreme
                 Governors
                 
                   of
                   the
                   Realm
                
              
               ,
               and
               that
               this
               Supreme
               Power
               was
               
                 Committed
                 to
                 her
                 and
                 her
                 Progenitors
                 by
                 the
                 Divine
                 Providence
                 of
                 Almighty
                 God
                 ,
              
               shall
               your
               acknowledgments
               of
               such
               Supreme
               Power
               of
               your
               Prince
               be
               narrower
               then
               any
               of
               Papists
               ?
            
             
               You
               know
               how
               wary
               and
               careful
               our
               English
               Princes
               have
               always
               been
               that
               their
               Subjects
               might
               see
               them
               hold
               the
               reins
               of
               the
               Executive
               Power
               of
               the
               Law
               in
               their
               hands
               ,
               and
               that
               none
               but
               the
               stubborn
               and
               
                 evil
                 doers
              
               need
               fear
               the
               being
               over-run
               by
               it
               .
            
             
               And
               while
               I
               happen
               to
               think
               of
               the
               memorable
               Expression
               of
               a
               Loyal
               Lord
               in
               a
               Speech
               in
               a
               late
               Parliament
               of
               the
               unreasonableness
               of
               any
               ones
               suffering
               merely
               by
               the
               word
               Proditoriè
               being
               put
               into
               the
               charge
               of
               a
               thing
               that
               was
               not
               in
               its
               self
               Evil
               ,
               and
               
                 as
                 if
                 it
                 were
                 said
                 that
                 such
                 an
                 one
                 did
              
               traiterously
               
                 pass
                 over
                 the
                 Thames
                 in
                 a
                 Boat
                 :
              
               I
               likewise
               think
               of
               the
               reasonableness
               of
               our
               Laws
               in
               providing
               for
               the
               common
               Safety
               by
               the
               Prince
               being
               allow'd
               to
               hold
               the
               Sail
               of
               the
               Executive
               Power
               in
               his
               own
               hands
               ,
               and
               which
               otherwise
               if
               ty'd
               fast
               about
               the
               Boat
               might
               cause
               it
               upon
               any
               sudden
               gust
               of
               wind
               to
               be
               overset
               .
            
             
               You
               know
               therefore
               how
               King
               Iames
               the
               First
               in
               his
               
                 Apology
                 for
                 the
                 Oath
                 of
                 Allegiance
                 ,
              
               in
               Answer
               to
               the
               
                 Pope's
                 first
                 Breve
              
               ,
               thought
               himself
               obliged
               in
               justice
               for
               the
               maintenance
               of
               that
               Executive
               Power
               of
               the
               Crown
               to
               say
               as
               to
               
                 the
                 Pope's
                 expressing
                 his
                 sorrow
                 for
                 that
                 Persecution
                 which
                 the
                 Catholicks
                 sustain
                 for
                 the
                 Faiths
                 sake
                 ,
                 wherein
                 beside
                 the
                 main
                 untruth
                 whereby
                 I
                 am
                 so
                 injuriously
                 used
              
               (
               as
               if
               he
               had
               thought
               it
               a
               personal
               injury
               to
               himself
               that
               any
               one
               in
               his
               Realm
               should
               be
               persecuted
               for
               Religion
               )
               
                 I
                 must
                 ever
                 avow
                 and
                 maintain
                 as
                 the
                 truth
                 is
                 ,
                 according
                 to
                 mine
                 own
                 knowledge
                 ,
                 that
                 the
                 late
                 QUEEN
                 of
                 famous
                 Memory
                 never
                 PUNISH'D
                 any
                 Papist
                 for
                 Religion
                 .
              
               He
               doth
               not
               say
               ,
               
                 her
                 Laws
              
               ,
               and
               Ministers
               ,
               but
               
                 SHE
                 never
                 punish'd
              
               ,
               &c.
               
               He
               well
               knew
               that
               if
               Papists
               had
               been
               Punish'd
               for
               their
               Religion
               in
               her
               Reign
               by
               Iudges
               ,
               and
               Iuries
               ,
               and
               Sheriffs
               ,
               that
               it
               was
               she
               had
               punish'd
               them
               .
               And
               accordingly
               he
               in
               his
               
                 Premonition
                 to
                 Christian
                 Monarchs
              
               doth
               
                 more
                 regio
              
               ,
               and
               with
               a
               style
               of
               Majesty
               relating
               to
               his
               Executive
               Power
               ,
               thus
               tell
               them
               ,
               
                 viz.
                 And
                 yet
                 so
                 far
                 hath
                 both
                 my
                 Heart
                 and
                 Government
                 been
                 from
                 any
                 bitterness
                 ,
                 as
                 almost
                 never
                 one
                 of
                 those
                 sharp
                 Additions
                 to
                 former
                 Laws
                 hath
                 ever
                 yet
                 been
                 put
                 in
                 execution
                 .
              
            
             
               Well
               ,
               Sir
               ,
               In
               fine
               I
               leave
               it
               to
               you
               to
               consider
               on
               the
               whole
               matter
               how
               far
               the
               Contents
               of
               that
               Canon
               ,
               and
               particularly
               what
               is
               declared
               therein
               about
               
                 the
                 care
                 of
                 God's
                 Church
                 being
                 so
                 committed
                 to
                 Kings
                 in
                 the
                 Scripture
                 ,
                 that
                 they
                 are
                 commended
                 when
                 the
                 Church
                 keeps
                 the
                 right
                 way
                 ,
                 and
                 blamed
                 when
                 it
                 runs
                 amiss
                 ,
                 and
                 therefore
                 her
                 Government
                 belongs
                 in
                 chief
                 to
                 Kings
                 ,
              
               &c.
               do
               shew
               that
               Kings
               not
               only
               may
               ,
               but
               ought
               out
               of
               a
               regard
               to
               their
               own
               Souls
               to
               provide
               that
               where
               the
               safety
               of
               their
               Subjects
               Souls
               is
               concern'd
               ,
               their
               Dispensative
               Power
               by
               the
               interpretation
               of
               their
               Laws
               ,
               and
               the
               relaxation
               of
               their
               Rigour
               in
               particular
               Cases
               may
               be
               exerted
               .
            
             
               I
               doubt
               not
               but
               you
               have
               observ'd
               many
               more
               Cases
               wherein
               the
               Royal
               Martyr
               to
               prevent
               imminent
               peril
               of
               Soul
               was
               put
               to
               it
               to
               exert
               such
               his
               Power
               .
            
          
           
             
             
               A.
               
            
             
               I
               remember
               not
               to
               have
               read
               of
               more
               .
            
          
           
             
               B.
               
            
             
               No
               ?
               If
               you
               had
               read
               the
               39
               Articles
               Printed
               in
               the
               Edition
               that
               I
               have
               done
               ,
               with
               his
               Declaration
               prefix'd
               thereunto
               ,
               you
               would
               find
               that
               there
               being
               a
               high
               ferment
               about
               the
               Arminian
               Controversie
               in
               the
               Church
               of
               England
               ,
               and
               the
               Arminian
               and
               Anti-Arminian
               Divines
               (
               who
               both
               had
               subscribed
               the
               Articles
               )
               appropriating
               the
               sense
               of
               them
               to
               both
               their
               Perswasions
               ,
               and
               too
               many
               drawing
               then
               
                 the
                 sense
                 of
                 them
                 too
                 much
                 aside
                 ,
              
               and
               all
               of
               them
               professing
               themselves
               bound
               in
               Conscience
               by
               the
               Laws
               that
               required
               their
               Subscription
               to
               the
               Articles
               ,
               and
               that
               their
               Subscription
               to
               them
               ,
               was
               to
               be
               taken
               in
               the
               Imposers
               sense
               ,
               and
               that
               as
               to
               the
               Article
               of
               
                 the
                 King
                 's
                 being
                 Supreme
                 Governor
                 of
                 the
                 Church
                 of
              
               England
               ,
               it
               being
               supposed
               (
               as
               the
               words
               in
               the
               Declaration
               are
               )
               
                 Some
                 differences
                 might
                 arise
                 concerning
                 the
                 External
                 Polity
                 ,
                 Injunctions
                 ,
                 Canons
                 ,
                 or
                 other
                 Constitutions
                 thereto
                 belonging
              
               ;
               His
               Majesty
               by
               his
               Declaration
               again
               ratifying
               the
               Articles
               ,
               and
               particularly
               publishing
               
                 that
                 he
                 was
                 Supreme
                 Governor
                 of
                 the
                 Church
                 of
              
               England
               ,
               did
               notify
               his
               Pleasure
               ,
               that
               as
               to
               
                 any
                 such
                 Differences
                 arising
              
               as
               aforesaid
               ,
               
                 the
                 Clergy
                 in
                 their
                 Convocation
                 should
                 order
                 and
                 settle
                 them
                 ,
                 he
                 approving
                 their
                 Ordinances
                 ,
              
               &c.
               and
               to
               the
               end
               they
               might
               not
               trouble
               themselves
               or
               the
               Church
               by
               putting
               their
               own
               interpretations
               on
               the
               Articles
               ,
               he
               Requires
               their
               taking
               the
               Articles
               in
               the
               
                 Literal
                 and
                 Grammatical
                 sense
              
               ,
               and
               notifies
               that
               literal
               sense
               as
               restrain'd
               to
               the
               way
               of
               the
               general
               Expressions
               in
               the
               Articles
               ,
               and
               such
               as
               the
               Divines
               of
               the
               several
               Perswasions
               took
               as
               making
               for
               them
               :
               so
               that
               now
               by
               His
               Majesty
               's
               thus
               interpreting
               that
               sense
               ,
               they
               might
               warrantably
               continue
               so
               to
               do
               .
               And
               according
               to
               what
               hath
               been
               said
               of
               Manna
               ,
               that
               
                 it
                 was
                 that
                 to
                 every
                 man's
                 taste
                 wherewith
                 it
                 was
                 pleas'd
                 most
                 ,
              
               mens
               sense
               of
               the
               Articles
               might
               be
               so
               too
               ,
               by
               means
               of
               the
               declared
               Complaisance
               of
               His
               Majesty
               therewith
               .
            
          
           
             
               A.
               
            
             
               One
               would
               then
               the
               less
               wonder
               at
               the
               Complaisance
               of
               the
               Clergy
               with
               that
               King's
               Power
               of
               Dispensing
               in
               his
               Laws
               by
               Interpreting
               or
               Declaring
               .
            
          
           
             
               B.
               
            
             
               I
               could
               tell
               you
               of
               another
               passage
               in
               his
               Reign
               that
               will
               shew
               you
               how
               our
               Bishops
               made
               use
               of
               that
               Power
               as
               their
               
                 Sheat
                 Anchor
              
               to
               preserve
               the
               Hierarchy
               in
               the
               Storms
               it
               met
               with
               :
               and
               how
               then
               the
               Bishops
               issuing
               out
               the
               Processes
               of
               their
               Ecclesiastical
               Courts
               in
               their
               own
               Names
               ,
               was
               by
               the
               Artifice
               of
               the
               Faction
               improved
               as
               an
               occasion
               of
               making
               a
               very
               great
               ferment
               in
               Church
               and
               State
               ,
               and
               such
               a
               one
               as
               nothing
               but
               the
               Royal
               Power
               of
               Interpretation
               ,
               or
               of
               declaring
               the
               Law
               ,
               could
               settle
               .
            
             
               And
               therefore
               Archbishop
               Laud
               in
               his
               Epistle
               to
               the
               King
               before
               his
               famous
               
                 Star-Chamber
                 Speech
              
               ,
               did
               
                 in
                 the
                 Name
                 of
                 the
                 Church
                 of
              
               England
               then
               think
               himself
               obliged
               to
               apply
               to
               the
               King
               in
               a
               most
               pathetical
               and
               solemn
               manner
               to
               exert
               that
               great
               Power
               in
               that
               Conjuncture
               :
               viz.
               
                 I
                 do
                 humbly
                 in
                 the
                 Churches
                 name
                 desire
                 of
                 your
                 Majesty
                 ,
                 that
                 it
                 may
                 be
                 resolv'd
                 by
                 all
                 the
                 Reverend
                 Iudges
                 of
              
               England
               ,
               
                 and
                 then
                 Publish'd
                 by
                 your
                 Majesty
                 ,
                 that
                 our
                 keeping
                 Courts
                 and
                 issuing
                 Process
                 in
                 our
                 own
                 Names
                 ,
                 and
                 the
                 like
                 Exceptions
                 formerly
                 taken
                 and
                 now
                 renew'd
                 ,
                 are
                 not
                 against
                 the
                 Laws
                 of
                 the
                 Realm
                 (
                 as
                 't
                 is
                 most
                 certain
                 they
                 are
                 not
                 )
                 that
                 so
                 the
                 Church
                 Governors
                 may
                 go
                 on
                 cheerfully
                 in
                 their
                 Duty
                 ,
                 and
                 the
                 Peoples
                 minds
                 be
                 quieted
                 by
                 this
                 assurance
                 ,
                 that
                 neither
                 the
                 Law
                 ,
                 nor
                 their
                 liberty
                 as
                 Subjects
                 is
                 infringed
                 thereby
                 .
              
            
             
               The
               many
               Pamphleteers
               of
               the
               Faction
               who
               attacqued
               the
               Hierarchy
               ,
               ●…eproached
               them
               with
               the
               Non-observance
               of
               Humane
               Laws
               ,
               and
               charged
               their
               Proceedings
               with
               Illegality
               ,
               because
               by
               the
               Statute
               of
               1
               o
               E.
               6.
               c.
               2.
               that
               required
               Processes
               Ecclesiastical
               to
               be
               in
               the
               King's
               name
               ,
               it
               was
               declar'd
               ,
               
                 That
                 the
                 Bishops
                 sending
                 out
                 their
                 Process
                 in
                 their
                 own
                 Names
                 was
                 contrary
              
               
               
                 to
                 the
                 Form
                 and
                 Order
                 of
                 the
                 Summons
                 and
                 Process
                 of
                 the
                 Common-Law
                 used
                 in
                 this
                 Realm
                 .
              
               And
               therefore
               as
               Heylin
               tells
               us
               in
               the
               Life
               of
               Archbishop
               Laud
               ,
               p.
               321.
               in
               A.
               1637.
               the
               King
               accordingly
               
                 issued
                 out
                 his
                 Proclamation
                 declaring
                 ,
                 That
                 the
                 Bishops
                 holding
                 their
                 Courts
                 ,
                 and
                 issuing
                 Process
                 in
                 their
                 own
                 Names
                 were
                 not
                 against
                 the
                 Laws
                 of
                 the
                 Realm
                 ,
                 and
                 the
                 Iudges
                 Resolutions
                 were
                 therein
                 notify'd
                 to
                 that
                 purpose
                 .
              
               And
               upon
               all
               motions
               afterward
               for
               Prohibitions
               to
               the
               Ecclesiastical
               Court
               upon
               the
               pretence
               of
               their
               Processes
               not
               issuing
               out
               in
               the
               
               King's
               Name
               according
               to
               that
               Statute
               of
               E.
               the
               6th
               ,
               the
               currant
               Law
               hath
               still
               been
               in
               Westminster-Hall
               for
               keeping
               up
               the
               sense
               of
               His
               Majesty
               declared
               in
               his
               Proclamation
               as
               to
               that
               Point
               .
            
             
               According
               to
               the
               manner
               then
               of
               
                 praising
                 the
                 Bridge
                 we
                 go
                 over
              
               ;
               the
               Church
               of
               England
               having
               in
               Queen
               
               Elizabeth's
               time
               been
               preserv'd
               by
               the
               Regal
               Power
               of
               interpreting
               express'd
               in
               her
               Admonition
               ,
               and
               by
               the
               like
               Power
               in
               the
               time
               of
               King
               Charles
               the
               First
               ,
               and
               the
               
                 salus
                 animae
              
               having
               been
               at
               stake
               as
               to
               the
               Oath
               in
               her
               time
               ,
               and
               as
               to
               the
               avowed
               Principle
               of
               the
               Church
               of
               England
               about
               Humane
               Laws
               binding
               the
               Conscience
               in
               his
               time
               ;
               the
               use
               of
               that
               Dispensative
               Power
               being
               like
               a
               Bridge
               that
               kept
               them
               from
               falling
               into
               the
               Pit
               of
               Perdition
               ,
               deserv'd
               their
               Praise
               .
            
             
               That
               eminent
               Divine
               Mr.
               
                 Iohn
                 Ley
              
               in
               his
               Learn'd
               Book
               call'd
               
                 Defensive
                 Doubts
                 and
                 Reasons
                 for
                 refusal
                 of
                 the
                 Oath
                 imposed
                 by
                 the
                 Sixth
                 Canon
                 of
                 the
                 late
                 Synod
                 ,
              
               (
               i.
               e.
               that
               in
               the
               year
               1640.
               )
               saith
               there
               ,
               p.
               99.
               and
               100
               ,
               &c.
               
               
                 There
                 are
                 some
                 of
                 our
                 Brethren
                 ,
                 who
                 (
                 in
                 good
                 will
                 to
                 themselves
                 and
                 us
                 )
                 have
                 undertaken
                 to
                 expound
                 the
                 Oath
                 so
                 as
                 that
                 they
                 and
                 we
                 without
                 scruple
                 may
                 take
                 it
                 .
                 And
                 we
                 take
                 kindly
                 their
                 good
                 intention
                 ,
                 and
                 in
                 good
                 will
                 to
                 them
                 again
                 request
                 them
                 to
                 consider
                 ,
                 that
                 a
                 Private
                 Interpretation
                 of
                 a
                 Publick
                 Act
                 can
                 give
                 no
                 satisfaction
                 unless
                 it
                 be
                 either
                 expresly
                 or
                 virtually
                 allow'd
                 by
                 the
                 highest
                 Authority
                 that
                 doth
                 impose
                 it
                 :
                 and
                 then
                 it
                 is
                 made
                 Publick
                 ,
              
               &c.
               
               
                 But
                 the
                 Authority
                 of
                 Interpretation
                 of
                 any
                 doubt
                 in
                 such
                 a
                 Publick
                 Act
                 ,
                 belongs
                 properly
                 not
                 to
                 private
                 but
                 publick
                 Persons
                 ,
              
               &c.
               
               
                 For
                 private
                 Men
                 tho
                 Learn'd
                 ,
                 if
                 they
                 take
                 upon
                 them
                 the
                 Interpretation
                 of
                 publick
                 Dictates
                 ,
                 may
                 be
                 more
                 like
                 to
                 light
                 on
                 mutual
                 Contradictions
                 of
                 each
                 other
                 ,
                 then
                 on
                 the
                 true
                 and
                 proper
                 Construction
                 of
                 the
                 Text
                 they
                 interpret
                 .
                 So
                 did
              
               Vega
               and
               Soto
               ,
               Soto
               and
               Catherinus
               ,
               
                 who
                 wrote
                 against
                 each
                 other
                 contrary
                 Comments
                 on
                 the
                 Council
                 of
              
               Trent
               .
               
                 In
                 which
                 respect
                 it
                 was
                 a
                 wise
                 advice
                 given
                 to
                 the
                 Pope
                 by
                 the
                 Bishop
                 of
              
               Bestice
               ,
               
                 viz.
                 to
                 appoint
                 a
                 Congregation
                 for
                 the
                 expounding
                 of
                 the
                 Councel
                 :
                 and
                 well
                 follow'd
                 by
                 him
                 when
                 he
                 forbade
                 all
                 sorts
                 of
                 Persons
                 ,
                 Clerks
                 or
                 Laicks
                 (
                 being
                 private
                 Men
                 )
                 to
                 make
                 any
                 Commentaries
                 ,
                 Glosses
                 ,
                 Annotations
                 ,
                 or
                 any
                 Interpretation
                 whatsoever
                 on
                 the
                 Decrees
                 of
                 that
                 Councel
                 .
                 Dr.
              
               Burgesse
               
                 indeed
                 made
                 an
                 Interpretation
                 of
                 his
                 own
                 Subscription
                 ,
                 but
                 there
                 had
                 been
                 no
                 validity
                 in
                 it
                 (
                 as
                 we
                 conceive
                 )
                 unless
                 it
                 had
                 been
                 allow'd
                 by
                 the
                 Superior
                 Powers
                 .
                 And
                 so
                 it
                 was
                 :
                 for
                 (
                 as
                 he
                 saith
                 )
                 .
                 It
                 was
                 accepted
                 by
                 King
              
               James
               :
               
                 and
                 the
                 Archbishop
                 of
              
               Canterbury
               
                 affirm'd
                 it
                 to
                 be
                 the
                 true
                 sense
                 and
                 meaning
                 of
                 the
                 Church
                 of
              
               England
               .
               He
               refers
               there
               to
               Dr.
               Burgesse
               in
               his
               
                 Answer
                 to
                 a
                 much
                 applauded
                 Pamphlet
                 ,
              
               Praefat.
               p.
               26.
               
            
          
           
             
               A.
               
            
             
               Your
               mentioning
               that
               of
               Dr.
               Burgesse
               his
               Interpretation
               of
               his
               Subscription
               minds
               me
               of
               what
               I
               have
               read
               at
               the
               end
               of
               his
               Book
               call'd
               
                 No
                 Sacrilege
                 nor
                 Sin
                 to
                 alienate
                 or
                 purchase
                 Cathedral
                 Lands
                 ,
              
               viz.
               
                 in
                 his
              
               Postscript
               to
               Dr.
               Pearson
               ,
               and
               his
               
                 No
                 Necessity
                 of
                 Reformation
                 of
                 the
                 Publick
                 Doctrine
                 of
                 the
                 Church
                 of
              
               England
               ,
               Printed
               A.
               1660.
               where
               he
               saith
               ,
               
                 As
                 touching
                 the
                 Regal
                 Supremacy
                 ,
                 we
                 own
                 and
                 will
                 assert
                 it
                 as
                 far
                 as
                 you
                 do
                 or
                 dare
                 .
                 Only
                 we
                 had
                 reason
                 to
                 take
                 notice
                 of
                 the
                 improper
                 Expression
                 in
                 the
                 37th
                 Article
                 that
                 
                   the
                   Queen's
                   Majesty
                   hath
                   the
                   Supreme
                   Power
                   .
                
                 For
                 if
                 the
                 Declaration
              
               
               
                 father'd
                 on
                 the
                 late
                 King
                 ,
                 and
                 prefix'd
                 to
                 the
                 Articles
                 ,
                 had
                 so
                 much
                 Power
                 with
                 his
                 Printer
                 ,
                 that
                 he
                 durst
                 not
                 alter
                 the
                 word
                 Queen
                 into
                 King
                 even
                 in
                 the
                 year
              
               1642
               ,
               
                 and
                 those
                 Articles
                 must
                 be
                 read
              
               Verbatim
               
                 without
                 Alteration
                 or
                 Explanation
                 ,
                 then
                 we
                 say
                 again
                 there
                 is
                 a
                 Necessity
                 of
                 Reforming
                 that
                 Article
                 in
                 the
                 expression
                 of
                 it
                 :
                 and
                 not
                 to
                 talk
                 at
                 random
                 what
                 was
                 indeed
                 the
                 meaning
                 ,
                 unless
                 we
                 may
                 have
                 leave
                 when
                 we
                 read
                 it
              
               (
               Regiâ
               declaratione
               non-obstante
               )
               
                 to
                 declare
                 the
                 sense
                 which
                 the
                 Declaration
                 alloweth
                 us
                 not
                 to
                 do
                 .
              
            
             
               But
               the
               truth
               is
               ,
               that
               exception
               of
               the
               Doctor
               to
               the
               Articles
               may
               well
               pass
               for
               a
               Scruple
               ,
               or
               rather
               a
               Cavil
               :
               and
               at
               this
               rate
               we
               should
               be
               put
               to
               it
               to
               say
               ,
               
                 O
                 King
                 interpret
                 for
                 ever
              
               .
            
          
           
             
               B.
               
            
             
               You
               say
               right
               .
               Dr.
               Pierson
               in
               that
               Judicious
               Book
               of
               his
               ,
               call'd
               
                 No
                 Necessity
                 of
                 Reforming
                 the
                 Doctrine
                 of
                 the
                 Church
                 of
              
               England
               ,
               well
               observes
               that
               the
               37th
               
                 Article
                 hath
                 express
                 reference
                 to
                 the
                 Queen's
                 Injunctions
                 set
                 forth
                 in
                 the
                 year
              
               1559.
               
                 and
                 those
                 Injunctions
                 take
                 particular
                 care
                 ,
                 
                   that
                   no
                   other
                   Duty
                   ,
                   Allegiance
                   ,
                   or
                   Bond
                   should
                   be
                   required
                   to
                   the
                   Queen
                   ,
                   then
                   was
                   acknowledged
                   to
                   be
                   due
                   to
                   the
                   most
                   noble
                   Kings
                   of
                   famous
                   Memory
                   ,
                   King
                
              
               Henry
               the
               8th
               
                 her
                 Majesty's
                 Father
                 ,
                 or
                 King
              
               Edward
               the
               6th
               ,
               
                 her
                 Majesty's
                 Brother
                 .
                 
                   The
                   words
                   of
                   the
                   Article
                   declare
                   that
                   the
                   Doctrine
                   contained
                   in
                   it
                   ,
                   concerneth
                   all
                   the
                   Kings
                   as
                   Kings
                   .
                   The
                   title
                   in
                   General
                   is
                   of
                   the
                   Civil
                   Magistrates
                   ,
                   and
                   the
                   words
                   run
                   thus
                   .
                   ,
                
                 where
                 we
                 attribute
                 to
                 the
                 Queen's
                 Majesty
                 the
                 chief
                 Government
                 we
                 give
                 not
                 to
                 our
                 Princes
                 ,
              
               &c.
               
                 shewing
                 that
                 what
                 they
                 gave
                 to
                 ▪
                 her
                 ,
                 they
                 gave
                 to
                 all
                 the
                 Kings
                 of
              
               England
               .
               
                 Which
                 will
                 appear
                 more
                 plainly
                 out
                 of
                 the
                 first
                 Latine
                 Copy
                 Printed
                 in
                 the
                 time
                 of
                 Queen
              
               Eliz.
               
                 in
                 the
                 year
              
               1563.
               
                 read
                 and
                 approved
                 by
                 the
                 Queen
                 ,
                 the
                 words
                 where●…f
                 are
                 these
                 ,
                 
                   Cum
                   Regiae
                   Majestati
                   summam
                   gubernationem
                   tribuimus
                   ,
                   quibus
                   titulis
                   intelligimus
                   animos
                   quorundam
                   Calumniatorum
                   offendi
                   ,
                   non
                   damus
                   Regibus
                   nostris
                   aut
                   verbi
                   Dei
                   aut
                   Sacramentorum
                   administrationem
                   ,
                
              
               &c.
               
               
                 Being
                 therefore
                 the
                 Article
                 expresly
                 mentioneth
                 and
                 concerneth
                 the
                 Kings
                 of
              
               England
               ,
               
                 as
                 they
                 are
                 the
                 Kings
                 of
              
               England
               ,
               
                 the
                 mention
                 of
                 the
                 Queen's
                 Majesty
                 in
                 the
                 Article
                 can
                 make
                 the
                 Doctrine
                 no
                 more
                 doubtful
                 then
                 it
                 doth
                 our
                 Allegiance
                 in
                 that
                 Oath
                 which
                 was
                 made
              
               1
               o
               Eliz.
               
                 where
                 the
                 Heirs
                 and
                 Successors
                 of
                 the
                 Queen
                 are
                 to
                 appoint
                 who
                 shall
                 accept
                 the
                 Oath
                 ,
                 the
                 words
                 of
                 which
                 are
                 
                   that
                   the
                   Queen's
                   Highness
                   is
                   the
                   only
                   Supreme
                   Governor
                   of
                   this
                   Realm
                   .
                
                 But
                 I
                 hope
                 the
                 Heirs
                 and
                 Successors
                 of
                 Queen
              
               Elizabeth
               
                 did
                 never
                 appoint
                 that
                 Oath
                 to
                 be
                 taken
                 in
                 the
                 Name
                 of
                 the
                 Queen's
                 Highness
                 ,
                 but
                 in
                 their
                 own
                 .
              
            
             
               It
               may
               be
               supposed
               that
               some
               such
               like
               Cavilling
               or
               Scrupling
               humour
               possess'd
               the
               fancies
               of
               some
               in
               the
               beginning
               of
               the
               Reign
               of
               King
               Iames
               the
               First
               :
               and
               that
               some
               occasion
               was
               thereby
               given
               to
               that
               Prince
               in
               those
               his
               
                 Canons
                 ,
                 expresly
              
               therein
               maintaining
               the
               39
               Articles
               ,
               and
               the
               Subscription
               thereunto
               ,
               and
               particularly
               in
               the
               36th
               Canon
               there
               to
               enjoyn
               a
               Subscription
               to
               three
               Articles
               
                 in
                 such
                 manner
                 and
                 sort
                 as
                 is
                 there
                 appointed
                 ,
              
               and
               of
               which
               the
               first
               is
               ,
               
                 That
                 the
                 King's
                 Majesty
                 under
                 God
                 is
                 the
                 only
                 Supreme
                 Governor
                 of
                 this
                 Realm
                 ,
                 and
                 of
                 all
                 other
                 his
                 Highness
                 Dominions
                 ,
              
               &c.
               
                 and
                 that
                 no
                 foreign
                 Prince
                 ,
                 Person
                 ,
                 Prelate
                 ,
                 HAUE
                 or
                 OUGHT
                 to
                 have
                 any
                 Iurisdiction
                 ,
                 Power
                 ,
                 Superiority
                 ,
                 Preheminence
                 ,
                 or
                 Authority
                 Ecclesiastical
                 or
                 Spiritual
                 ,
              
               &c.
               and
               in
               which
               the
               words
               
                 have
                 or
                 OUGHT
                 to
                 have
              
               ,
               might
               possibly
               be
               inserted
               out
               of
               a
               Royal
               Complaisance
               with
               the
               Desires
               of
               some
               Scruplers
               in
               whose
               behalf
               the
               Famous
               Dr.
               Rainolds
               moved
               the
               King
               at
               the
               
                 Hampton-Court
                 Conference
              
               that
               to
               the
               Position
               in
               the
               37th
               Article
               ,
               viz.
               
                 The
                 Bishop
                 of
              
               Rome
               
                 hath
                 no
                 Iurisdiction
                 in
                 this
                 Realm
                 of
              
               England
               ,
               
                 might
                 be
                 added
                 nor
                 OUGHT
                 to
                 have
                 :
              
               but
               which
               motion
               the
               King
               then
               rejected
               as
               a
               thing
               superfluous
               ,
               and
               saying
               ,
               
                 Habemus
                 quod
                 jure
                 habemus
              
               .
            
             
             
               You
               may
               find
               an
               Account
               of
               this
               two●…old
               Subscription
               in
               Coke
               4.
               
               
                 Inst.
                 c.
              
               74.
               and
               where
               he
               saith
               ,
               
                 Subscription
                 required
                 by
                 the
                 Clergy
                 is
                 twofold
                 :
                 One
                 by
                 force
                 both
                 of
                 an
                 Act
                 of
                 Parliament
                 CONFIRMING
                 and
                 Establishing
                 the
              
               39
               
                 Articles
                 of
                 Religion
                 agreed
                 upon
                 at
                 a
                 Convocation
                 of
                 the
                 Church
                 of
              
               England
               ,
               
                 and
                 ratify'd
                 by
                 Queen
              
               Eliz.
               (
               13.
               
               Eliz.
               c.
               12.
               )
               
                 Another
                 by
                 Canens
                 made
                 at
                 a
                 Convocation
                 of
                 the
                 Church
                 of
              
               England
               ,
               
                 and
                 ratify'd
                 by
                 King
              
               James
               .
            
          
           
             
               A.
               
            
             
               I
               had
               thought
               you
               told
               me
               that
               the
               39
               Articles
               owed
               no
               Confirmation
               nor
               Authority
               to
               that
               Act
               of
               the
               13th
               of
               Eliz.
               
            
          
           
             
               B.
               
            
             
               I
               did
               tell
               you
               so
               :
               and
               do
               think
               that
               when
               my
               Lord
               Coke
               used
               the
               word
               Confirming
               ,
               he
               spake
               
                 cum
                 vulgo
              
               ,
               or
               as
               the
               word
               is
               taken
               
                 minus
                 propriè
              
               and
               as
               it
               is
               taken
               in
               declarative
               Acts
               of
               Parliament
               sometime
               to
               mean
               declared
               ,
               and
               as
               I
               and
               others
               may
               in
               Discourse
               sometimes
               use
               the
               word
               .
               But
               (
               speaking
               properly
               )
               to
               confirm
               being
               
                 firmum
                 facere
              
               ,
               i.
               e.
               what
               was
               not
               so
               before
               ,
               you
               are
               not
               to
               think
               that
               the
               Parliament
               in
               13
               o
               Eliz.
               did
               so
               .
               They
               Enacted
               what
               was
               by
               the
               Queen
               before
               authorized
               ,
               and
               as
               the
               words
               there
               are
               about
               the
               Articles
               ,
               viz.
               
                 Put
                 forth
                 by
                 the
                 
                   Queen's
                   Authority
                
              
               .
               And
               you
               may
               too
               for
               this
               purpose
               Consult
               the
               style
               of
               the
               Act
               23
               o
               Eliz.
               c.
               1.
               
               Entituled
               ,
               
                 An
                 Act
                 for
                 retaining
                 the
                 Queen's
                 Subjects
                 in
                 their
                 due
                 Obedience
                 ,
              
               and
               where
               't
               is
               made
               Treason
               for
               any
               to
               
                 withdraw
                 any
                 Subjects
                 from
                 their
                 Natural
                 Obedience
                 to
                 her
                 Majesty
                 ,
                 or
                 to
                 withdraw
                 them
                 for
                 that
                 intent
                 from
                 
                   the
                   Religion
                   now
                   by
                   her
                   Highness
                   Authority
                   establish●…d
                   within
                   her
                   Dominions
                   .
                
              
            
             
               Thus
               too
               as
               to
               the
               Queen's
               disabling
               several
               of
               the
               Roman-Catholick
               Bishops
               and
               Deans
               by
               her
               Ecclesiastical
               Commissioners
               in
               the
               beginning
               of
               her
               Reign
               ,
               pursuant
               to
               the
               Act
               of
               1
               o
               Eliz.
               c.
               1.
               
                 for
                 restoring
                 to
                 the
                 Crown
                 the
                 Ancient
                 Iurisdiction
              
               ;
               the
               Act
               of
               Parliament
               35
               o
               Eliz.
               c.
               8.
               entituled
               ,
               
                 Every
                 Deprivation
                 of
                 any
                 Bishop
                 or
                 Dean
                 made
                 in
                 the
                 beginning
                 of
                 the
                 Queen's
                 Reign
                 shall
                 be
                 good
                 :
                 and
                 Archbishops
                 ,
                 Bishops
                 and
                 Deans
                 made
                 by
                 the
                 Queen
                 shall
                 be
                 adjudged
                 lawful
              
               ;
               begins
               with
               acknowledging
               that
               the
               former
               
                 were
                 justly
                 deprived
                 ,
                 
                   and
                   it
                   is
                   therefore
                   Declared
                   and
                   Enacted
                   by
                   Authority
                   of
                   this
                   Parliament
                   ,
                   that
                   all
                   and
                   every
                   Deprivation
                
              
               ,
               &c.
               
                 and
                 all
                 and
                 every
                 Sentence
                 of
                 Deprivation
                 ,
              
               &c.
               
                 had
                 ,
                 pronounced
                 and
                 given
              
               ,
               &c.
               
                 shall
                 be
                 adjudged
                 ,
                 deem'd
                 ,
                 and
                 taken
                 good
                 and
                 sufficient
                 in
                 Law
                 ,
              
               &c.
               and
               as
               to
               the
               latter
               ,
               viz.
               That
               
                 all
                 such
                 Archbishops
                 ,
                 Bishops
                 and
                 Deans
                 as
                 were
                 ordain'd
                 or
                 made
                 by
                 the
                 Authority
                 or
                 Licence
                 of
                 the
                 Queen's
                 Majesty
                 ,
              
               &c.
               
                 shall
                 be
                 taken
                 and
                 adjudged
                 to
                 be
                 lawful
                 ,
              
               &c.
               
               Th●…y
               confirmed
               not
               what
               the
               Queen
               did
               in
               disabling
               the
               former
               ,
               and
               enabling
               the
               latter
               ,
               but
               only
               declared
               and
               enacted
               the
               validity
               of
               what
               the
               Queen
               had
               done
               .
               And
               here
               you
               have
               again
               the
               Judgment
               of
               Parliament
               for
               approving
               the
               Queen's
               Power
               of
               
                 Enabling
                 and
                 Disabling
              
               .
            
             
               And
               here
               too
               (
               by
               the
               way
               )
               I
               am
               to
               tell
               you
               ,
               that
               you
               have
               another
               judgment
               of
               Parliament
               suitable
               to
               that
               in
               8
               o
               Eliz.
               and
               for
               the
               
                 adjudging
                 and
                 taking
                 to
                 be
                 Lawful
                 the
                 making
                 and
                 ordaining
                 of
                 the
                 Archbishops
                 and
                 Bishops
                 by
                 the
                 Authority
                 or
                 Licence
                 of
                 the
                 Queen's
                 Majesty
                 ,
              
               &c.
               
                 any
                 ambiguity
                 or
                 question
                 in
                 that
                 behalf
                 heretofore
                 made
                 to
                 the
                 contrary
                 notwithstanding
                 ,
              
               and
               which
               QUESTION
               before
               made
               in
               the
               Case
               ,
               I
               have
               before
               shew'd
               to
               be
               disability
               .
            
          
           
             
               A.
               
            
             
               But
               I
               suppose
               you
               have
               read
               of
               that
               
                 TWO-FOLD
                 Subscription
              
               my
               Lord
               Coke
               speaks
               of
               ,
               represented
               as
               a
               Gravamen
               by
               some
               .
            
          
           
             
               B.
               
            
             
               I
               have
               so
               :
               and
               the
               last
               Book
               I
               read
               that
               so
               represents
               it
               is
               ,
               the
               
                 Answer
                 to
                 Dr.
              
               Stillingfleet
               '
               
                 s
                 Sermon
                 by
                 some
                 Non-Conformists
              
               ,
               &c.
               Printed
               A.
               1680.
               and
               where
               in
               p.
               29.
               they
               thus
               express
               their
               desires
               ,
               
                 viz.
                 That
                 all
                 New
                 devised
                 Oaths
                 ,
                 Subscriptions
                 and
                 Declarations
                 ,
                 together
                 with
                 the
                 Canonical
              
               
               
                 Oath
                 ,
                 and
                 the
                 Subscription
                 in
                 the
                 Canons
                 be
                 suspended
                 for
                 the
                 time
                 to
                 come
                 .
                 If
                 that
                 be
                 too
                 much
                 ,
                 we
                 shall
                 consent
                 our selves
                 with
                 a
                 modester
                 motion
                 ,
                 that
                 whatsoever
                 these
                 Declarations
                 be
                 that
                 are
                 required
                 to
                 be
                 made
                 ,
                 subscribed
                 ,
                 or
                 sworn
                 ,
                 they
                 may
                 be
                 imposed
                 only
                 as
                 to
                 the
                 matter
                 and
                 end
                 ,
                 leaving
                 the
                 takers
                 but
                 free
                 to
                 the
                 use
                 of
                 their
                 own
                 Expressions
                 .
                 And
                 this
                 expedient
                 we
                 gather
                 from
                 the
                 Lord
              
               Coke
               ,
               
                 who
                 hath
                 providently
                 (
                 as
                 it
                 were
                 )
                 against
                 such
                 a
                 Season
                 laid
                 in
                 this
                 Observation
                 ,
              
               The
               form
               of
               the
               Subscription
               set
               down
               in
               the
               Canons
               ratify'd
               by
               King
               Iames
               ,
               was
               not
               express'd
               in
               the
               Act
               of
               the
               13th
               of
               Eliz.
               4.
               
               Inst.
               c.
               74.
               
               
                 And
                 consequently
                 if
                 the
                 Clergy
                 enjoy'd
                 this
                 freedom
                 till
                 then
                 ,
                 in
                 reference
                 to
                 the
                 particulars
                 therein
                 contain'd
                 ,
                 what
                 binders
                 why
                 they
                 might
                 not
                 have
                 the
                 same
                 restored
                 in
                 reference
                 also
                 to
                 others
                 ?
              
            
             
               It
               was
               the
               second
               Article
               enjoyn'd
               by
               that
               Canon
               to
               be
               subscribed
               ,
               viz.
               That
               
                 the
                 Book
                 of
                 Common-Prayer
              
               ,
               &c.
               
                 containeth
                 in
                 it
                 nothing
                 contrary
                 to
                 the
                 Word
                 of
                 God
                 ,
                 and
                 that
                 it
                 may
                 lawfully
                 be
                 used
                 ,
              
               &c.
               at
               which
               they
               took
               so
               much
               offence
               ,
               and
               to
               which
               the
               Act
               of
               Parliament
               required
               not
               their
               Subscription
               .
            
          
           
             
               A.
               
            
             
               I
               perceive
               then
               my
               Lord
               Coke
               doth
               not
               reflect
               on
               the
               form
               of
               Subscription
               ,
               as
               enjoyn'd
               by
               the
               36th
               Canon
               of
               King
               Iames
               ,
               and
               by
               his
               Regal
               Authority
               out
               of
               Parliament
               as
               illegal
               ,
               notwithstanding
               what
               had
               been
               enacted
               in
               the
               13th
               of
               Queen
               Elizabeth
               .
            
          
           
             
               B.
               
            
             
               He
               doth
               not
               .
               And
               he
               there
               further
               faith
               ,
               
                 By
                 the
                 Statute
                 of
              
               13.
               
               Eliz.
               
                 the
                 Delinquent
                 is
                 disabled
                 and
                 deprived
              
               ipso
               facto
               :
               
                 but
                 the
                 Delinquent
                 against
                 the
                 Canon
                 of
                 King
              
               James
               
                 is
                 to
                 be
                 proceeded
                 withall
                 by
                 the
                 Censures
                 of
                 the
                 Church
                 .
                 And
                 I
                 heard
              
               Wray
               
                 Chief
                 Iustice
                 in
                 the
                 King's
                 Bench
                 ,
              
               Pasch.
               23.
               
               El.
               
                 report
                 ,
                 That
                 where
                 one
              
               Smith
               
                 subscribed
                 to
                 the
                 said
              
               39
               
                 Articles
                 of
                 Religion
                 with
                 this
                 addition
                 ,
              
               so
               far
               forth
               as
               the
               same
               were
               agreeable
               to
               the
               Word
               o●…
               God
               ,
               
                 that
                 it
                 was
                 resolv'd
                 by
                 him
                 and
                 a●…l
                 the
                 Iudges
                 of
              
               England
               ,
               
                 that
                 this
                 Subscription
                 was
                 not
                 according
                 to
                 the
                 Statute
                 of
              
               13.
               
               Eliz.
               
                 because
                 this
                 Statute
                 required
                 an
                 absolute
                 Subscription
                 ,
              
               &c.
               
               
                 Besides
                 this
                 Subscription
                 when
                 any
                 Clerk
                 is
                 admitted
                 and
                 instituted
                 to
                 any
                 Benefice
                 ,
                 he
                 is
                 sworn
                 to
                 Canonical
                 Obedience
                 to
                 his
                 Di●…cesan
                 .
              
            
             
               But
               as
               to
               his
               saying
               that
               
                 the
                 Delinquent
                 against
                 this
                 Canon
                 is
                 to
                 be
                 proceeded
                 withall
                 by
                 the
                 Censures
                 of
                 the
                 Church
              
               ;
               I
               shall
               observe
               that
               the
               beginning
               of
               the
               Canon
               doth
               incapacitate
               any
               to
               be
               
                 receiv'd
                 into
                 the
                 Ministry
              
               who
               doth
               not
               subscribe
               the
               
                 three
                 Articles
              
               in
               it
               ,
               and
               that
               the
               Canon
               doth
               afterward
               put
               some
               temporary
               Disabilities
               on
               Bishops
               who
               shall
               
                 Ordain
                 ,
                 Admit
              
               or
               License
               any
               one
               ,
               
                 except
                 he
                 first
                 have
                 subscribed
                 in
                 manner
                 and
                 form
                 there
                 appointed
                 :
              
               and
               it
               is
               the
               Universities
               if
               offending
               that
               the
               Canon
               leaves
               
                 to
                 the
                 Danger
                 of
                 the
                 Law
                 and
                 His
                 Majesty's
                 Censure
                 .
              
            
             
               Here
               then
               you
               see
               King
               Iames
               the
               First
               did
               out
               of
               Parliament
               add
               a
               new
               Subscription
               to
               what
               was
               required
               by
               the
               Act
               of
               Parliament
               ,
               and
               did
               likewise
               out
               of
               Parliament
               make
               incapacity
               to
               be
               the
               Punishment
               of
               refusing
               such
               new
               Subscription
               .
            
             
               And
               I
               need
               not
               tell
               you
               that
               that
               Power
               so
               exercised
               by
               that
               Prince
               out
               of
               Parliament
               hath
               been
               approved
               not
               only
               by
               all
               the
               Bishops
               of
               the
               Church
               of
               England
               ,
               as
               putting
               the
               Form
               of
               Subscription
               required
               by
               that
               Canon
               in
               execution
               ever
               since
               and
               to
               this
               day
               in
               lieu
               of
               the
               form
               required
               by
               the
               13th
               of
               Eliz.
               but
               (
               as
               I
               may
               say
               )
               virtually
               and
               tacitly
               by
               all
               our
               Kings
               and
               Parliaments
               ever
               since
               ,
               who
               have
               acquiesced
               in
               the
               same
               .
               But
               what
               if
               I
               should
               tell
               you
               that
               the
               Authority
               of
               the
               King
               in
               thus
               making
               that
               Canon
               about
               Subscription
               ,
               hath
               been
               since
               expresly
               approved
               in
               Parliament
               ?
            
          
           
             
               A.
               
            
             
               I
               should
               be
               most
               ready
               to
               hear
               it
               .
            
          
           
             
             
               B.
               
            
             
               You
               may
               therefore
               please
               to
               consult
               the
               Act
               for
               Uniformity
               16
               o
               Car.
               2.
               and
               in
               the
               latter
               end
               of
               it
               you
               will
               see
               that
               in
               a
               Proviso
               referring
               to
               the
               39
               Articles
               as
               
                 agreed
                 on
                 by
                 the
                 Archbishops
              
               ,
               &c.
               A.
               1562.
               and
               particularly
               to
               the
               36th
               therein
               about
               
                 the
                 Book
                 of
                 Consecration
                 of
                 Archbishops
                 ,
              
               &c.
               
                 set
                 forth
                 in
                 the
                 time
                 of
              
               Edward
               the
               6th
               ,
               as
               
                 containing
                 all
                 things
                 necessary
                 to
                 such
                 Consecration
                 and
                 Ordering
                 ,
              
               &c.
               
               It
               is
               Enacted
               ,
               &c.
               
                 that
                 all
                 Subscriptions
                 hereafter
                 to
                 be
                 had
                 or
                 made
                 to
                 the
                 said
                 Articles
                 by
                 any
                 Deacon
                 ,
                 Priest
                 ,
                 &c.
                 or
                 other
                 person
                 whatsoever
                 ,
                 who
                 by
                 this
                 Act
                 or
                 any
                 OTHER
                 LAW
                 now
                 in
                 force
                 is
                 required
                 to
                 subscribe
                 unto
                 the
                 said
                 Articles
                 shall
                 be
                 construed
                 and
                 taken
                 to
                 extend
                 and
                 shall
                 be
                 applyed
                 (
                 for
                 and
                 touching
                 the
                 said
                 36th
                 Article
                 )
                 to
                 the
                 Book
                 containing
                 the
                 form
                 and
                 manner
                 of
                 making
                 ,
                 ordaining
                 ,
                 and
                 consecrating
                 of
                 Bishops
                 ,
                 Priests
                 ,
              
               &c.
               
                 in
                 this
                 Act
                 mentioned
                 in
                 such
                 sort
                 and
                 manner
                 as
                 the
                 same
                 did
                 heretofore
                 extend
                 to
                 the
                 Book
                 set
                 forth
                 in
                 the
                 time
                 of
                 King
                 Edward
                 the
                 6th
                 mention'd
                 in
                 the
                 said
                 36th
                 Article
                 ,
                 any
                 thing
                 in
                 the
                 said
                 Article
                 ,
                 or
                 in
                 any
                 Statute
                 ,
                 Act
                 ,
                 or
                 Canon
                 heretofore
                 had
                 or
                 made
                 to
                 the
                 Contrary
                 hereof
                 in
                 any
                 wise
                 notwithstanding
                 .
              
            
             
               It
               is
               clear
               that
               the
               Parliament
               had
               then
               their
               Eye
               on
               the
               Act
               of
               13.
               
               Eliz.
               and
               on
               that
               Canon
               of
               King
               Iames
               ,
               and
               which
               you
               may
               take
               as
               referr'd
               to
               by
               the
               words
               ,
               
                 or
                 any
                 other
                 Law
                 now
                 in
                 force
              
               (
               for
               so
               they
               then
               knew
               it
               to
               be
               ,
               and
               as
               it
               still
               is
               ,
               tho
               with
               the
               interpretation
               extended
               by
               the
               Act
               to
               it
               )
               and
               afterward
               by
               the
               word
               Canon
               .
            
             
               But
               one
               may
               guess
               that
               by
               the
               Authority
               of
               some
               of
               the
               Lords
               the
               Bishops
               there
               was
               before
               the
               making
               of
               this
               Canon
               of
               King
               Iames
               ,
               and
               after
               the
               Act
               of
               13.
               
               Eliz.
               in
               her
               Reign
               ,
               some
               Subscription
               under
               disabling
               Penalties
               required
               of
               Ministers
               beyond
               what
               that
               Statute
               required
               ,
               by
               what
               the
               Author
               of
               
                 Certain
                 Considerations
                 tending
                 to
                 promote
                 Peace
              
               mentions
               ,
               in
               p.
               4.
               viz.
               
                 That
                 in
                 the
                 30th
                 year
                 of
                 the
                 Reign
                 of
                 Queen
              
               Elizabeth
               ,
               
                 the
                 House
                 of
                 Commons
                 presented
                 to
                 the
                 Lords
                 Spiritual
                 and
                 Temporal
                 a
                 Petition
                 containing
                 divers
                 particulars
                 ,
                 for
                 the
                 redress
                 whereof
                 they
                 desire
                 ,
                 that
                 no
                 Oath
                 or
                 Subscription
                 might
                 be
                 tender'd
                 to
                 any
                 at
                 their
                 entrance
                 into
                 the
                 Ministry
                 ,
                 but
                 such
                 as
                 is
                 expresly
                 prescribed
                 by
                 the
                 Statutes
                 of
                 the
                 Realm
                 ,
                 except
                 the
                 Oath
                 against
                 Corrupt
                 entring
                 ,
                 that
                 they
                 may
                 not
                 be
                 troubled
                 for
                 the
                 omission
                 of
                 some
                 Rites
                 ,
                 or
                 Portions
                 prescribed
                 in
                 the
                 Book
                 of
                 Common
                 Prayer
                 :
                 that
                 such
                 as
                 had
                 been
                 suspended
                 for
                 no
                 other
                 Offence
                 ,
                 but
                 only
                 for
                 not
                 subscribing
                 might
                 be
                 restored
                 .
              
            
          
           
             
               A.
               
            
             
               It
               seems
               those
               Bishops
               then
               did
               as
               your
               Expression
               was
               ,
               
                 Dispensare
                 in
                 lege
              
               ,
               and
               were
               (
               as
               I
               may
               say
               )
               Non-conformists
               to
               it
               ,
               by
               going
               beyond
               it
               .
               For
               they
               were
               obliged
               
                 sapere
                 ad
                 Regulam
              
               ;
               and
               all
               Conformity
               is
               
                 respectu
                 regulae
              
               ,
               and
               he
               who
               doth
               over-shoot
               ,
               or
               who
               over-does
               what
               is
               enjoyn'd
               ,
               is
               a
               Non-conformist
               .
            
          
           
             
               B.
               
            
             
               You
               here
               put
               me
               in
               mind
               how
               some
               of
               our
               Bishops
               and
               Clergy
               have
               been
               thus
               Non-conformists
               in
               over-shooting
               their
               mark
               ,
               at
               the
               same
               time
               that
               they
               have
               with
               undistinguishing
               severity
               executed
               the
               rigour
               of
               the
               Laws
               against
               all
               who
               did
               shoot
               short
               .
               The
               Royal
               Martyr
               in
               his
               
                 Declaration
                 to
                 all
                 his
                 Loving
                 Subjects
                 ,
                 Publish'd
                 with
                 the
                 Advice
                 of
                 his
                 Privy
                 Councel
                 ,
              
               A.
               1641.
               refers
               to
               some
               Ceremonies
               in
               our
               
                 Church
                 
                   which
                   have
                   been
                   used
                   without
                   any
                   legal
                   Warrant
                   or
                   Injunction
                   ,
                   and
                   which
                   already
                   are
                   ,
                   or
                   speedily
                   may
                   be
                   abolish'd
                   .
                
              
            
          
           
             
               A.
               
            
             
               But
               I
               a
               little
               wonder
               that
               a
               House
               of
               Commons
               should
               Petition
               for
               the
               Dispensing
               with
               some
               legal
               Rites
               ,
               and
               required
               both
               by
               Injunctions
               and
               Canons
               ,
               and
               by
               Acts
               of
               Parliament
               .
            
          
           
             
               B.
               
            
             
               I
               do
               not
               wonder
               at
               it
               at
               all
               .
               For
               Conjunctures
               having
               happen'd
               when
               some
               Non-conformists
               having
               been
               tender
               of
               the
               Peace
               of
               the
               Government
               ,
               
               you
               need
               not
               wonder
               at
               any
               tenderness
               in
               it
               for
               them
               .
               For
               as
               in
               the
               Conjuncture
               of
               the
               Resteration
               of
               King
               Charles
               the
               Second
               ,
               very
               many
               of
               the
               Presbyterians
               and
               of
               other
               Sects
               then
               shewing
               their
               Loyalty
               (
               the
               Author
               I
               lately
               cited
               taking
               notice
               thus
               of
               the
               Declaration
               ,
               A.
               1660.
               viz.
               
                 in
                 which
                 his
                 Majesty
                 saith
                 Our
                 present
                 Consideration
                 and
                 work
                 is
                 to
                 gratifie
                 the
                 private
                 Cosciences
                 of
                 those
                 who
                 are
                 grieved
                 with
                 some
                 Ceremonies
                 ,
                 by
                 indulging
                 to
                 and
                 dispensing
                 with
                 the
                 omitting
                 of
                 those
                 Ceremonies
                 .
                 A
                 Member
                 of
                 the
                 House
                 of
                 Commons
                 in
                 an
                 Epistle
                 to
                 His
                 Majesty
                 useth
                 these
                 words
                 ,
              
               viz.
               
                 which
                 Indulgent
                 Declaration
                 so
                 ravished
                 the
                 hearts
                 of
                 all
                 your
                 Loving
                 Subjects
                 ,
                 that
                 your
                 whole
                 House
                 of
                 Commons
                 ,
                 their
                 Representatives
                 then
                 assembled
                 in
                 Parliament
                 ,
                 immediately
                 after
                 the
                 Publication
                 ,
              
               October
               8th
               .
               1660
               ,
               
                 repair'd
                 in
                 a
                 Body
                 to
              
               White-hall
               ,
               
                 and
                 there
                 by
                 their
                 Speaker's
                 Oration
                 in
                 the
                 Banquetting-House
                 ,
                 express'd
                 their
                 extraordinary
                 great
                 Ioy
                 ,
                 and
                 presented
                 their
                 general
                 Thanks
                 to
                 your
                 Majesty
                 for
                 this
                 your
                 Majesty's
                 most
                 gracious
                 Declaration
                 and
                 Dispensation
                 with
                 their
                 Consciences
                 in
                 Matters
                 not
                 being
                 of
                 the
                 substance
                 or
                 essence
                 of
                 Religion
                 ,
                 which
                 gave
                 abundant
                 satisfaction
                 to
                 all
                 peaceable
                 sob
                 rminded
                 Men
                 ,
                 and
                 such
                 as
                 are
                 truly
                 Religious
                 ,
                 in
                 which
                 return
                 of
                 their
                 Thanks
                 they
                 were
                 all
                 unanimous
                 ,
              
               Nemine
               Contradicente
               ,
               
                 then
                 Ordering
                 a
                 Bill
                 in
                 Pursuance
                 of
                 your
                 Majesty's
                 Declaration
                 :
                 Note
                 ,
                 that
                 this
                 was
                 that
                 House
                 of
                 Commons
                 ,
                 which
                 together
                 with
                 the
                 House
                 of
                 Lords
                 brought
                 His
                 Majesty
                 to
                 the
                 Throne
              
               )
               so
               long
               before
               ,
               namely
               in
               the
               first
               year
               of
               King
               Charles
               the
               First
               ,
               and
               A.
               1625.
               
                 both
                 Houses
              
               presented
               a
               Petition
               to
               the
               King
               ,
               wherein
               they
               desire
               
                 that
                 His
                 Majesty
                 would
                 please
                 to
                 advise
                 the
                 Bishops
                 by
                 fatherly
                 entreaty
                 and
                 tender
                 us●…ge
                 to
                 reduce
                 to
                 the
                 peaceable
                 and
                 orderly
                 Service
                 of
                 the
                 Church
                 such
                 able
                 Ministers
                 as
                 have
                 been
                 formerly
                 SILENCED
                 ,
              
               &c.
               and
               which
               is
               in
               effect
               ,
               all
               one
               ,
               such
               
                 able
                 Ministers
              
               as
               have
               been
               formerly
               disabled
               .
            
          
           
             
               A.
               
            
             
               I
               am
               highly
               pleas'd
               with
               your
               further
               bringing
               any
               thing
               to
               me
               like
               Iudgment
               of
               Parliament
               that
               may
               strengthen
               the
               Regal
               Power
               of
               interpreting
               ,
               or
               of
               dispensing
               with
               disability
               .
               We
               have
               discours'd
               of
               the
               Subject
               a
               pretty
               while
               together
               at
               this
               Meeting
               ,
               and
               I
               must
               acknowledge
               you
               have
               entertain'd
               me
               with
               an
               account
               of
               many
               Statutes
               that
               have
               propp'd
               up
               the
               Regal
               Power
               of
               dispensing
               with
               disability
               :
               and
               that
               too
               (
               tho
               you
               observ'd
               it
               not
               to
               me
               )
               not
               only
               in
               their
               Preambles
               ,
               but
               in
               their
               enacting
               parts
               ,
               the
               which
               I
               account
               more
               momentous
               .
               Nor
               can
               I
               forbear
               observing
               it
               to
               you
               ,
               that
               in
               the
               late
               Printed
               Books
               of
               some
               who
               asserted
               this
               dispensative
               Power
               ,
               nothing
               like
               Iudgment
               of
               Parliament
               hath
               been
               cited
               in
               the
               case
               for
               it
               ,
               but
               that
               out
               of
               
                 Rot.
                 Parl.
              
               1.
               
               H.
               5.
               11.
               22.
               out
               of
               
                 Rolle
                 Tit.
                 Prerogative
                 le
                 Roy
                 ,
                 fol.
              
               180.
               viz.
               
                 The
                 Commons
                 prayed
                 that
                 the
                 Statutes
                 for
                 voiding
                 of
                 Aliens
                 out
                 of
                 the
                 Kingdom
                 might
                 be
                 executed
                 ,
                 to
                 which
                 the
                 Ki●…g
                 agreed
                 saving
                 his
                 Prerogative
                 ,
                 that
                 he
                 might
                 dispense
                 with
                 such
                 as
                 he
                 pleas'd
                 .
                 And
                 upon
                 this
                 the
                 Commons
                 answer'd
                 ,
                 that
                 their
                 intention
                 was
                 no
                 other
                 ,
                 nor
                 ever
                 should
                 be
                 ,
                 by
                 the
                 help
                 of
                 God.
                 
              
            
             
               But
               this
               was
               only
               the
               judgment
               of
               a
               House
               of
               Commons
               ;
               and
               that
               is
               short
               of
               the
               Authority
               of
               a
               House
               of
               Lords
               concurring
               with
               them
               ,
               tho
               but
               in
               a
               Petitionary
               manner
               ,
               that
               the
               Regal
               Dispensative
               Power
               might
               be
               exerted
               :
               and
               which
               latter
               is
               far
               short
               of
               the
               Authority
               of
               an
               Act
               of
               Parliament
               .
               And
               among
               the
               many
               Parliamentary
               Recognitions
               of
               the
               Dispensative
               Power
               you
               have
               mention●…d
               to
               me
               ,
               that
               which
               you
               told
               me
               at
               our
               first
               meeting
               of
               the
               Act
               of
               Uniformity
               16
               o
               Car.
               2.
               leaving
               Aliens
               or
               Foreigners
               of
               the
               Reform'd
               Churches
               that
               were
               then
               allow'd
               or
               tolerated
               by
               the
               King's
               Majesty
               ,
               or
               that
               should
               be
               allow'd
               by
               him
               ,
               his
               Heirs
               and
               Successors
               ,
               to
               be
               secured
               under
               the
               Wing
               of
               Prerogative
               from
               all
               the
               Penalties
               in
               that
               Act
               ,
               was
               a
               greater
               President
               of
               a
               Parliament's
               deference
               to
               the
               Dispensative
               Power
               .
            
             
             
               But
               here
               it
               falls
               in
               my
               way
               to
               ask
               you
               if
               the
               Parliament
               in
               that
               Act
               ,
               interpreting
               and
               expounding
               the
               Sulscription
               to
               the
               36th
               Article
               (
               as
               you
               before
               mention'd
               )
               did
               not
               shew
               some
               want
               of
               tenderness
               to
               the
               Regal
               Power
               of
               interpreting
               ?
            
          
           
             
               B.
               
            
             
               Not
               in
               the
               least
               .
               The
               King
               thought
               fit
               in
               his
               Legislative
               Capacity
               ,
               and
               with
               the
               Concurrence
               of
               the
               three
               Estates
               to
               issue
               forth
               such
               interpretation
               ,
               to
               the
               end
               it
               might
               be
               perpetuated
               .
               But
               you
               will
               find
               that
               they
               were
               so
               tender
               of
               that
               branch
               of
               Prerogative
               ,
               namely
               of
               the
               Regal
               Power
               of
               interpreting
               out
               of
               Parliament
               ,
               that
               having
               referr'd
               to
               the
               King's
               Declaration
               of
               the
               25th
               of
               October
               ,
               1660.
               (
               
                 i.
                 e.
              
               that
               concerning
               
                 Ecclesiastical
                 Affairs
              
               we
               spoke
               of
               before
               )
               and
               mention'd
               that
               according
               to
               that
               
                 he
                 had
                 granted
                 his
                 Commission
                 to
                 several
                 Bishops
                 and
                 other
                 Divines
                 to
                 review
                 the
                 Book
                 of
                 Common
                 Prayer
                 ,
                 and
                 to
                 prepare
                 such
                 Alterations
                 and
                 Additions
                 as
                 they
                 thought
                 fit
                 to
                 offer
                 ,
                 and
                 that
                 afterwards
                 the
                 Convocations
                 of
                 both
                 the
                 Provinces
                 of
              
               Canterbury
               
                 and
                 York
                 ,
                 being
                 by
                 His
                 Majesty
                 called
                 ,
              
               &c.
               
               
                 His
                 Majesty
                 hath
                 been
                 pleas'd
                 to
                 Authorize
                 the
                 Presidents
                 of
                 the
                 said
                 Convocation
                 ,
                 and
                 other
                 the
                 Bishops
                 and
                 Clergy
                 of
                 the
                 same
                 to
                 review
                 the
                 Book
                 of
                 Common
                 Prayer
                 ,
                 and
                 the
                 Book
                 of
                 the
                 form
                 and
                 manner
                 of
                 the
                 making
                 and
                 consecrating
                 of
                 Bishops
                 ,
                 Priests
                 ,
              
               &c.
               
                 and
                 that
                 they
                 should
                 make
                 such
                 Additions
                 and
                 Alterations
                 in
                 the
                 said
                 Books
                 as
                 to
                 them
                 should
                 seem
                 meet
                 ,
                 and
                 should
                 present
                 the
                 same
                 to
                 His
                 Majesty
                 for
                 his
                 further
                 Allowance
                 or
                 Confirmation
                 ,
              
               and
               then
               setting
               forth
               that
               the
               same
               was
               accordingly
               done
               ,
               and
               that
               some
               alterations
               were
               inserted
               into
               those
               Books
               by
               the
               Convocations
               ,
               and
               by
               them
               Presented
               to
               His
               Majesty
               ,
               and
               
                 all
                 which
                 His
                 Majesty
                 having
                 consider'd
                 hath
                 fully
                 approved
                 ,
              
               it
               then
               follows
               ,
               
                 that
                 His
                 Majesty
                 hath
                 recommended
                 to
                 this
                 present
                 Parliament
                 that
                 the
                 Books
                 of
                 Common
                 Prayer
                 ,
              
               &c.
               
                 with
                 the
                 Alterations
                 and
                 Additions
                 which
                 have
                 been
                 so
                 made
                 and
                 presented
                 to
                 His
                 Majesty
                 by
                 the
                 said
                 Convocations
                 ,
                 be
                 the
                 Book
                 which
                 shall
                 be
                 appointed
                 to
                 be
                 used
                 ,
              
               &c.
               
                 in
                 all
                 Parish
                 Churches
                 and
                 Chapels
                 ,
              
               &c.
               
               And
               it
               is
               upon
               the
               foundation
               of
               what
               His
               Majesty
               did
               as
               before-mention'd
               ,
               that
               the
               following
               enacting
               Clauses
               with
               their
               Sanctions
               and
               Penalties
               are
               built
               .
            
             
               And
               you
               may
               if
               you
               will
               take
               notice
               of
               a
               Proviso
               toward
               the
               end
               of
               the
               Act
               ,
               being
               very
               tender
               of
               not
               hurting
               what
               King
               Iames
               by
               his
               Prerogative
               did
               in
               Uniting
               the
               Prebendship
               to
               the
               Professor
               of
               Law
               in
               Oxon
               for
               the
               time
               being
               ,
               and
               whereby
               that
               King
               dispens'd
               with
               the
               incapacity
               of
               Lay-men
               ,
               as
               to
               the
               enjoyment
               of
               such
               Prebendship
               :
               but
               the
               Act
               and
               the
               Proviso
               takes
               care
               to
               perpetuate
               the
               King's
               Professor's
               enjoying
               the
               same
               ,
               and
               leaves
               the
               Prerogative
               at
               liberty
               to
               dispense
               with
               such
               disability
               in
               the
               Case
               .
            
             
               In
               short
               ,
               you
               see
               how
               tender
               that
               Parliament
               was
               of
               Prerogative
               ,
               and
               tho
               they
               thought
               it
               not
               fit
               to
               give
               such
               loud
               Applauses
               to
               his
               late
               Majesty's
               Declaration
               of
               October
               the
               25th
               ,
               A.
               1660.
               before-mention'd
               ,
               wherein
               so
               much
               of
               the
               Dispensative
               Power
               was
               exerted
               ,
               yet
               you
               find
               they
               refer
               to
               it
               with
               respect
               .
            
          
           
             
               A.
               
            
             
               I
               have
               almost
               forgot
               the
               particulars
               of
               the
               Dispensative
               Power
               therein
               exerted
               .
            
          
           
             
               B.
               
            
             
               I
               shall
               tell
               you
               that
               the
               King
               having
               there
               mention'd
               (
               and
               what
               the
               Act
               takes
               notice
               of
               )
               his
               saying
               
                 that
                 he
                 would
                 appoint
                 some
                 Divines
                 to
                 review
                 the
                 Common
                 Prayer
                 Book
                 ,
                 and
                 to
                 make
                 such
                 Alterations
                 as
                 shall
                 be
                 thought
                 most
                 necessary
                 ,
              
               &c.
               it
               then
               saith
               ,
               
                 Out
                 Will
                 and
                 Pleasure
                 is
                 ,
                 that
                 none
                 be
                 punish'd
                 or
                 troubled
                 for
                 not
                 using
                 it
                 until
                 it
                 be
                 review'd
                 ,
                 and
                 effectually
                 reform'd
                 .
              
               He
               there
               speaks
               several
               times
               of
               Dispensing
               with
               Ceremonies
               ,
               that
               were
               by
               Law
               establish'd
               .
               It
               is
               there
               likewise
               said
               ,
               
                 Because
                 some
                 men
                 otherwise
                 Pious
                 and
                 Learned
                 say
                 ,
                 They
                 cannot
                 conform
                 unto
                 the
                 Subscription
              
               
               
                 required
                 by
                 the
                 Canon
                 ,
                 nor
                 take
                 the
                 Oath
                 of
                 Canonical
                 Obedience
                 ,
                 we
                 are
                 Content
                 ,
                 and
                 it
                 is
                 Out
                 Will
                 and
                 Pleasure
                 (
                 so
                 they
                 take
                 the
                 Oaths
                 of
                 Allegiance
                 and
                 Supremacy
                 )
                 that
                 they
                 shall
                 receive
                 ordination
                 ,
                 institution
                 and
                 induction
                 ,
                 and
                 shall
                 be
                 permitted
                 to
                 exercise
                 their
                 Function
                 ,
                 and
                 to
                 enjoy
                 the
                 Profits
                 of
                 their
                 Livings
                 without
                 the
                 said
                 Subscription
                 or
                 Oath
                 of
                 Canonical
                 Obedience
                 ,
              
               &c.
               
            
          
           
             
               A.
               
            
             
               I
               see
               here
               is
               King
               Iames
               the
               First
               's
               incapacitating
               Canon
               dispens'd
               with
               ,
               and
               indeed
               suspended
               .
            
          
           
             
               B.
               
            
             
               The
               Declaration
               goeth
               on
               with
               taking
               care
               that
               
                 None
                 be
                 Iudged
                 to
                 forfeit
                 his
                 Presentation
                 ,
                 or
                 Benefice
                 ,
                 or
                 be
                 deprived
                 of
                 it
                 upon
                 the
                 Statute
                 of
                 the
              
               13th
               of
               Elizabeth
               ,
               c.
               12.
               
                 so
                 he
                 read
                 and
                 declare
                 his
                 Assent
                 to
                 all
                 the
                 Articles
                 of
                 Religion
                 ,
                 which
                 only
                 contain
                 the
                 Confession
                 of
                 the
                 true
                 Christian
                 Faith
                 ,
                 and
                 the
                 Doctrine
                 of
                 the
                 Sacraments
                 comprised
                 in
                 the
                 Book
                 of
                 Articles
                 in
                 the
                 said
                 Statute
                 mentioned
                 .
              
               And
               this
               Declaration
               had
               before
               express'd
               His
               Majesty's
               mindfulness
               of
               his
               Declaration
               from
               Bredagh
               ,
               and
               his
               saying
               ,
               
                 We
                 publish'd
                 in
                 our
                 Declaration
                 from
                 Bredagh
                 ,
                 a
                 Liberty
                 to
                 tender
                 Consciences
                 ,
                 and
                 that
                 no
                 man
                 should
                 be
                 disquieted
                 or
                 call'd
                 in
                 Question
                 for
                 Differences
                 of
                 Opinion
                 in
                 Matters
                 of
                 Religion
                 ,
                 which
                 do
                 not
                 disturb
                 the
                 Peace
                 of
                 the
                 Kingdom
                 ,
                 and
                 that
                 we
                 shall
                 be
                 ready
                 to
                 consent
                 to
                 such
                 an
                 Act
                 of
                 Parliament
                 as
                 upon
                 mature
                 deliberation
                 shall
                 be
                 offer'd
                 us
                 for
                 the
                 full
                 granting
                 that
                 Indulgence
                 .
              
               Here
               was
               a
               Liberty
               of
               Conscience
               granted
               and
               publish'd
               ,
               and
               Heterodoxy
               about
               the
               very
               Articles
               of
               Religion
               tolerated
               ,
               and
               a
               throwing
               off
               of
               Penal
               Laws
               ,
               and
               for
               which
               Declaration
               I
               should
               have
               told
               you
               ,
               that
               
                 Baker's
                 History
              
               ,
               p.
               703.
               mentions
               ,
               
                 that
                 the
                 House
                 of
                 Lords
                 order'd
                 Thanks
                 to
                 be
                 given
                 to
                 the
                 Messenger
                 who
                 brought
                 that
                 gracious
              
               Declaration
               .
            
          
           
             
               A.
               
            
             
               And
               yet
               you
               say
               the
               Declaration
               October
               25.
               1660
               thus
               dispensing
               with
               disability
               incurr'd
               by
               the
               Canon
               ,
               and
               the
               13th
               of
               
                 Eliz
                 ▪
              
               and
               by
               Queen
               
                 Elizabeth's
                 Act
              
               of
               Uniformity
               ,
               was
               both
               approved
               and
               applauded
               by
               the
               former
               Parliament
               .
               I
               have
               not
               heard
               of
               the
               like
               in
               the
               kind
               of
               it
               .
            
          
           
             
               B.
               
            
             
               No
               doubt
               but
               the
               Author
               there
               referr'd
               to
               the
               Declaration
               of
               Octob.
               25.
               
               A.
               1660.
               for
               which
               the
               House
               of
               Commons
               so
               express'd
               their
               thanks
               :
               however
               by
               the
               supposed
               carelessness
               of
               the
               Printer
               ,
               the
               Publication
               is
               said
               to
               be
               October
               8th
               .
               1660.
               
               For
               the
               words
               by
               him
               cited
               as
               said
               by
               his
               Majesty
               ,
               
                 viz.
                 Our
                 present
                 Consideration
                 and
                 work
                 is
                 to
                 gratify
                 ,
              
               &c.
               are
               in
               that
               Declaration
               ,
               p.
               15.
               and
               16.
               
            
             
               But
               if
               it
               were
               not
               for
               cloying
               you
               with
               other
               like
               Instances
               ,
               I
               could
               tell
               you
               of
               the
               like
               in
               the
               beginning
               of
               the
               Reign
               of
               King
               Iames
               the
               First
               .
            
          
           
             
               A.
               
            
             
               I
               pray
               speak
               not
               of
               cloying
               .
               My
               Patience
               may
               be
               soon
               surfeited
               with
               two
               or
               three
               such
               things
               as
               some
               call
               Presidents
               .
               But
               this
               thing
               call'd
               Iudgment
               of
               Parliament
               carries
               with
               it
               so
               much
               weight
               as
               well
               as
               Veneration
               ,
               that
               you
               can
               no
               way
               more
               oblige
               me
               then
               by
               going
               on
               to
               entertain
               me
               with
               Instances
               of
               that
               kind
               .
            
          
           
             
               B.
               
            
             
               Why
               ,
               then
               I
               can
               tell
               you
               if
               you
               will
               at
               any
               time
               turn
               to
               your
               Collection
               of
               Proclamations
               in
               the
               time
               of
               King
               Iames
               the
               First
               ,
               you
               will
               find
               that
               in
               his
               Proclamation
               of
               March
               the
               5th
               ,
               the
               first
               year
               of
               his
               Reign
               ,
               he
               intimates
               that
               
                 with
                 the
                 Consent
                 of
                 the
                 Bishops
                 present
                 in
                 the
              
               Hampton-Court
               
                 Conference
                 he
                 thought
                 meet
                 that
                 some
                 small
                 things
                 might
                 rather
                 be
                 explain'd
                 then
                 changed
                 in
                 the
                 Book
                 of
                 Common
                 Prayer
                 ,
                 and
                 for
                 that
                 end
                 gave
                 forth
                 his
                 Commission
                 under
                 the
                 Great
                 Seal
                 of
              
               England
               ,
               
                 according
                 to
                 the
                 Form
                 which
                 the
                 Laws
                 of
                 this
                 Realm
                 in
                 like
                 Case
                 prescribed
                 to
                 be
                 used
                 to
                 make
                 the
                 said
                 Explanation
                 ,
                 and
                 to
                 cause
                 the
                 whole
                 Book
                 of
                 Common
                 Prayer
                 with
                 the
                 same
                 Explanation
                 to
                 be
                 newly
                 Printed
                 ,
                 which
                 being
                 done
                 and
                 establish'd
                 ,
                 anew
                 after
                 so
                 serious
                 a
                 Deliberation
                 ,
              
               
               &c.
               
                 we
                 have
                 thought
                 it
                 necessary
                 to
                 make
                 known
                 by
                 Proclamation
                 our
                 authorizing
                 of
                 the
                 same
                 ,
                 and
                 to
                 require
                 and
                 enjoyn
                 all
                 men
                 ,
                 as
                 well
                 Ecclesiastical
                 as
                 Temporal
                 to
                 Conform
                 themselves
                 to
                 it
                 ,
                 as
                 the
                 only
                 publick
                 Form
                 of
                 serving
                 God
                 ,
                 establish'd
                 and
                 allow'd
                 to
                 be
                 in
                 this
                 Realm
                 .
                 And
                 the
                 rather
                 for
                 that
                 all
                 the
                 Learned
                 Men
                 who
                 were
                 there
                 present
                 ,
                 as
                 well
                 of
                 the
                 Bishops
                 as
                 others
                 ,
                 promised
                 their
                 Conformity
                 in
                 the
                 practice
                 of
                 it
                 ,
                 only
                 making
                 sute
                 to
                 us
                 that
                 some
                 few
                 might
                 be
                 born
                 with
                 for
                 a
                 time
                 .
                 Wherefore
                 we
                 require
                 all
                 Archbishops
                 ,
                 Bishops
                 ,
                 and
                 all
                 other
                 publick
                 Ministers
                 ,
                 as
                 well
                 Ecclesiastical
                 as
                 Civil
                 ,
                 to
                 do
                 their
                 Duties
                 in
                 causing
                 the
                 same
                 to
                 be
                 obey'd
                 ,
                 and
                 in
                 punishing
                 the
                 Offenders
                 according
                 to
                 the
                 Laws
                 of
                 the
                 Realm
                 heretofore
                 establish'd
                 for
                 the
                 Authorizing
                 the
                 said
                 Book
                 of
                 Common
                 Prayer
                 .
              
            
             
               You
               see
               there
               that
               all
               the
               Bishops
               and
               the
               great
               Parade
               of
               the
               literati
               present
               at
               that
               famous
               Conference
               ,
               did
               implore
               the
               King
               for
               the
               exercise
               of
               his
               Dispensative
               Power
               for
               a
               while
               to
               some
               few
               .
            
             
               But
               what
               is
               more
               considerable
               is
               ,
               that
               the
               King
               here
               doth
               make
               a
               general
               relaxation
               of
               the
               Bond
               of
               Queen
               
                 Elizabeth's
                 Act
              
               of
               Uniformity
               in
               some
               things
               ;
               and
               instead
               of
               inserting
               an
               express
               Clause
               of
               discharging
               from
               the
               Penalties
               of
               that
               Act
               ,
               all
               that
               use
               the
               
                 Common
                 Prayer
                 Book
              
               with
               the
               King's
               Alterations
               or
               Explanations
               ,
               as
               Queen
               
                 Elizabeth's
                 Admonition
              
               did
               in
               relation
               to
               those
               who
               took
               the
               Oath
               of
               Supremacy
               in
               the
               sense
               of
               her
               Interpretation
               ,
               (
               a
               thing
               indeed
               not
               necessary
               for
               either
               of
               them
               to
               have
               done
               when
               they
               had
               loosen'd
               the
               bond
               of
               the
               Observance
               of
               the
               Law
               )
               he
               enjoyns
               the
               uniform
               usage
               of
               the
               Book
               of
               
                 Common
                 Prayer
              
               ,
               as
               by
               him
               interpreted
               or
               explain'd
               (
               the
               title
               of
               the
               Proclamation
               being
               A
               
                 Proclamation
                 for
                 the
                 authorizing
                 an
                 Uniformity
                 of
                 the
                 Book
                 of
                 Common
                 Prayer
                 to
                 be
                 used
                 throughout
                 the
                 Realm
              
               )
               under
               the
               disabling
               Punishments
               of
               Queen
               
                 Elizabeth's
                 Act
              
               of
               Uniformity
               ;
               the
               Bishops
               all
               this
               while
               being
               ministerial
               to
               the
               King
               in
               his
               Power
               of
               thus
               interpreting
               ,
               and
               explaining
               an
               Act
               of
               Parliament
               ,
               and
               the
               loosening
               of
               its
               Obligation
               both
               as
               to
               themselves
               and
               others
               .
            
             
               I
               am
               to
               tell
               you
               ,
               that
               in
               that
               Proclamation
               of
               March
               the
               fifth
               ,
               the
               King
               refers
               to
               a
               Proclamation
               he
               had
               before
               Publish'd
               on
               the
               24th
               of
               October
               then
               last
               past
               ,
               wherein
               he
               gave
               the
               Puritan
               Divines
               an
               intimation
               of
               the
               Conference
               he
               intended
               to
               have
               :
               and
               in
               which
               he
               reflects
               on
               
                 the
                 heat
                 of
                 their
                 Spirits
                 as
                 tending
                 rather
                 to
                 Combustion
                 then
                 Reformation
                 ,
                 which
              
               (
               saith
               he
               )
               
                 if
                 there
                 be
                 Cause
                 to
                 make
                 ,
                 is
                 more
                 in
                 our
                 hearts
                 then
                 theirs
                 ,
              
               &c.
               and
               afterwards
               saith
               ,
               
                 we
                 are
                 not
                 ignorant
                 that
                 time
                 may
                 have
                 brought
                 in
                 some
                 .
                 Corruptions
                 ,
                 which
                 may
                 deserve
                 a
                 review
                 and
                 amendment
                 ,
                 which
                 if
                 by
                 the
                 Assembly
                 intended
                 by
                 us
                 ,
                 we
                 shall
                 find
                 to
                 be
                 so
                 indeed
                 ,
                 we
                 will
                 therein
                 procéed
                 according
                 to
                 the
                 Laws
                 and
                 Customs
                 of
                 this
                 Realm
                 by
                 Advice
                 of
                 our
                 Councel
                 ,
                 or
                 in
                 our
                 High
                 Court
                 of
                 Parliament
                 ,
                 or
                 by
                 Convocation
                 of
                 our
                 Clergy
                 ,
                 as
                 we
                 shall
                 find
                 reason
                 to
                 lead
                 us
                 :
                 not
                 doubting
                 but
                 that
                 in
                 such
                 an
                 orderly
                 proceeding
                 ,
                 we
                 shall
                 have
                 the
                 Prelates
                 &
                 others
                 of
                 our
                 Clergy
                 no
                 less
                 willing
                 and
                 far
                 more
                 able
                 to
                 afford
                 us
                 their
                 Duty
                 and
                 Service
                 ,
                 then
                 any
                 other
                 whose
                 zeal
                 doth
                 go
                 so
                 fast
                 before
                 their
                 discretion
                 .
              
            
             
               And
               the
               Proclamation
               in
               March
               following
               shew'd
               you
               how
               the
               King's
               reason
               lead
               him
               in
               his
               Proceeding
               in
               the
               Affair
               
                 according
                 to
                 the
                 Laws
                 and
                 Customs
                 of
                 this
                 Realm
                 ,
              
               and
               how
               loyally
               his
               Bishops
               and
               Clergy
               acquiesced
               therein
               .
            
          
           
             
               A.
               
            
             
               I
               remember
               I
               have
               read
               both
               these
               Proclamations
               :
               and
               I
               doubt
               not
               but
               that
               
                 Hampton-Court
                 Conference
              
               made
               a
               great
               ferment
               in
               the
               Body
               of
               the
               People
               ,
               tho
               none
               in
               the
               Orthodox
               Clergy
               .
               But
               I
               should
               be
               glad
               to
               know
               whether
               it
               made
               any
               fermentation
               in
               the
               Body
               of
               the
               People
               Representative
               ,
               
               and
               what
               was
               the
               Result
               of
               it
               ?
               Did
               the
               Parliament
               acquiesce
               in
               what
               the
               King
               had
               done
               as
               aforesaid
               ?
               For
               if
               so
               ;
               they
               had
               done
               as
               Queen
               Elizabeth's
               Parliament
               in
               publickly
               approving
               what
               she
               by
               her
               own
               Ecclesiastical
               Supremacy
               did
               in
               discharging
               the
               disabling
               Penalties
               in
               her
               first
               Act
               of
               Parliament
               ,
               and
               in
               relaxing
               by
               her
               interpretation
               ,
               the
               vinculum
               for
               its
               observance
               in
               that
               sense
               that
               many
               had
               before
               put
               on
               it
               .
            
          
           
             
               B.
               
            
             
               King
               Iames
               his
               Parliament
               did
               in
               effect
               ,
               the
               very
               self-same
               thing
               .
               And
               I
               shall
               give
               you
               the
               account
               of
               it
               out
               of
               his
               Proclamation
               of
               the
               16th
               of
               Iuly
               ,
               A.
               1604.
               in
               the
               Second
               year
               of
               his
               Reign
               :
               for
               there
               having
               spoke
               of
               that
               Conference
               and
               of
               his
               having
               Publish'd
               by
               Proclamation
               what
               was
               the
               issue
               of
               it
               ,
               and
               
                 his
                 hoping
                 that
                 when
                 the
                 same
                 should
                 be
                 made
                 known
                 all
                 reasonable
                 Men
                 would
                 have
                 rested
                 satisfy'd
                 with
                 that
                 which
                 had
                 been
                 done
                 ,
                 and
                 not
                 have
                 moved
                 further
                 trouble
                 of
                 Speech
                 of
                 Matters
                 whereof
                 so
                 solemn
                 and
                 advised
                 deliberation
                 had
                 been
                 made
                 ,
              
               His
               Majesty's
               following
               words
               are
               ,
               
                 Notwithstanding
                 at
                 the
                 late
                 Assembly
                 of
                 our
                 Parliament
                 ,
                 there
                 wanted
                 not
                 many
                 who
                 renew'd
                 with
                 no
                 little
                 earnestness
                 the
                 Questions
                 before
                 determin'd
                 ,
                 and
                 many
                 more
                 as
                 well
                 about
                 the
                 Book
                 of
                 Common
                 Prayer
                 ,
                 as
                 other
                 Matters
                 of
                 Church
                 Government
                 ,
                 and
                 importuned
                 us
                 for
                 our
                 assent
                 to
                 many
                 Alterations
                 therein
                 :
                 but
                 yet
                 with
                 such
                 Success
                 ,
                 as
                 when
                 they
                 heard
                 both
                 our
                 own
                 Speeches
                 made
                 to
                 them
                 at
                 sundry
                 times
                 ,
                 shewing
                 the
                 Reasons
                 of
                 our
                 former
                 Proceedings
                 in
                 those
                 Matters
                 ,
                 and
                 likewise
                 had
                 had
                 Conference
                 with
                 some
                 Bishops
                 ,
                 and
                 other
                 Lords
                 of
                 the
                 Upper
                 House
                 about
                 the
                 same
                 ,
                 they
                 desisted
                 from
                 further
                 Prosecution
                 thereof
                 ,
                 finding
                 that
                 of
                 all
                 things
                 that
                 might
                 any
                 way
                 tend
                 to
                 the
                 furtherance
                 of
                 Religion
                 and
                 of
                 Establishment
                 of
                 a
                 Ministry
                 fit
                 for
                 the
                 same
                 ,
                 we
                 had
                 before
                 with
                 the
                 Advice
                 of
                 our
                 Councel
                 ,
                 had
                 such
                 Consideration
                 as
                 the
                 present
                 state
                 of
                 things
                 would
                 bear
                 ,
                 and
                 taken
                 order
                 how
                 the
                 same
                 should
                 be
                 prosecuted
                 by
                 such
                 means
                 as
                 might
                 be
                 used
                 without
                 any
                 publick
                 disturbance
                 or
                 innovation
                 .
              
            
             
               And
               in
               how
               vigorous
               a
               State
               the
               Dispensative
               Power
               as
               to
               the
               Nonconformists
               afterward
               continued
               in
               the
               Reign
               of
               that
               Prince
               appears
               by
               what
               I
               have
               before
               cited
               of
               an
               Application
               made
               to
               him
               by
               the
               House
               of
               Commons
               for
               the
               exercise
               of
               the
               same
               to
               the
               Non-conformists
               ,
               in
               the
               10th
               year
               of
               his
               Reign
               .
            
             
               Moreover
               how
               by
               Tacit
               Dispensation
               he
               dispens'd
               with
               the
               Disabilities
               that
               Roman
               Catholick
               Physicians
               and
               Lawyers
               had
               incurr'd
               by
               his
               Acts
               of
               Parliament
               ,
               I
               have
               told
               you
               .
               But
               what
               if
               I
               should
               now
               tell
               you
               how
               afterwards
               he
               did
               take
               care
               as
               it
               were
               
                 unâ
                 liturâ
              
               ,
               to
               delete
               the
               Execution
               of
               ●…ll
               the
               Penal
               Laws
               ,
               disabling
               ones
               ,
               and
               others
               ,
               against
               the
               
                 Roman
                 Catholicks
              
               ;
               and
               that
               as
               to
               what
               he
               did
               therein
               ,
               the
               most
               zealous
               Protestants
               among
               his
               Bishops
               ,
               and
               the
               Lords
               Temporal
               and
               others
               of
               his
               
                 Privy
                 Council
              
               ,
               did
               concur
               with
               him
               in
               so
               doing
               ?
            
          
           
             
               A.
               
            
             
               I
               think
               you
               would
               tell
               me
               of
               that
               which
               was
               very
               strange
               .
            
          
           
             
               B.
               
            
             
               As
               in
               the
               
                 Happy
                 future
                 State
                 of
              
               England
               it
               was
               with
               an
               intent
               to
               detect
               the
               Degeneracy
               and
               Vanity
               of
               the
               Politick
               and
               Protestant-would-be's
               of
               the
               Age
               who
               pretended
               to
               Advance
               Religion
               by
               Excluding
               the
               next
               Heir
               ,
               in
               p.
               219.
               shewn
               that
               
                 one
                 of
                 the
                 general
                 and
                 publick
                 Articles
                 sent
                 by
                 King
              
               James
               
                 the
                 First
                 to
                 his
                 Embassador
                 in
              
               Spain
               ,
               
                 
                   
                     
                       
                         
                           in
                           Order
                           to
                           the
                           Match
                           with
                           the
                           Infanta
                           was
                           ,
                           that
                           the
                           Children
                           of
                           this
                           Marriage
                           shall
                           no
                           way
                           be
                           compell'd
                           or
                           constrain'd
                           in
                           point
                           of
                           Conscience
                           or
                           Religion
                           ,
                           wherefore
                           there
                           is
                           no
                           doubt
                           that
                           their
                           title
                           shall
                           be
                           prejudiced
                           in
                           case
                           it
                           should
                           please
                           God
                           that
                           they
                           turn'd
                           Catholicks
                           ,
                           and
                           that
                           it
                           was
                           afterward
                           sent
                           as
                           an
                           additional
                           Article
                           offer'd
                           from
                        
                         England
                         ,
                         
                           that
                           the
                           King
                           of
                        
                         Great
                         Britain
                         
                           and
                           Prince
                           of
                        
                         Wales
                         
                           should
                           bind
                           themselves
                           by
                           Oath
                           for
                           the
                           Observance
                           of
                           the
                           Articles
                           ,
                           and
                           that
                           the
                           Privy
                        
                         
                         
                           Council
                           should
                           sign
                           the
                           same
                           under
                           their
                           Hands
                           ,
                           and
                           that
                           accordingly
                           the
                           Articles
                           were
                           sign'd
                           by
                           Archbishop
                        
                         Abbot
                         ,
                         John
                         
                           Bishop
                           of
                        
                         Lincoln
                         ,
                         
                           Keeper
                           of
                           the
                           Great
                           Seal
                        
                         ,
                         Lionel
                         
                           Earl
                           of
                        
                         Middlesex
                         ,
                         
                           Lord
                           high
                           Treasurer
                           of
                        
                         England
                         ,
                         Henry
                         Viscount
                         Mandevile
                         ,
                         
                           Lord
                           President
                           of
                           the
                           Council
                        
                         ,
                         Edward
                         
                           Earl
                           of
                        
                         Worcester
                         ,
                         
                           Lord
                           Privy
                           Seal
                        
                         ,
                         Lewis
                         
                           Duke
                           of
                        
                         Richmond
                         and
                         Lennox
                         
                           Lord
                           high
                           Steward
                           of
                           the
                           Houshold
                           ,
                        
                         James
                         
                           Marquess
                           of
                        
                         Hamilton
                         ,
                         James
                         
                           Earl
                           of
                        
                         Carlisle
                         ,
                         Lancelot
                         
                           Bishop
                           of
                        
                         Winchester
                         ,
                         Oliver
                         Viscount
                         Grandison
                         ,
                         Arthur
                         Baron
                         Chichester
                         of
                         Belfast
                         ,
                         
                           Lord
                           Treasurer
                           of
                        
                         Ireland
                         ,
                         Sir
                         Thomas
                         Edmonds
                         
                           Knight
                           ,
                           Treasurer
                           of
                           the
                           Houshold
                           ,
                           Sir
                        
                         John
                         Suckling
                         ,
                         
                           Comptroller
                           of
                           the
                           Houshold
                           ,
                           Sir
                        
                         George
                         Calvert
                         ,
                         
                           and
                           Sir
                        
                         Edward
                         Conway
                         ,
                         
                           Principal
                           Secretaries
                           of
                           State
                           ,
                           Sir
                        
                         Richard
                         Weston
                         ,
                         
                           Chancellor
                           of
                           the
                           Exchequer
                           ,
                           Sir
                        
                         Julius
                         Caesar
                         ,
                         
                           Mr.
                           of
                           the
                           Rolls
                        
                         ;
                         and
                         for
                         the
                         truth
                         of
                         which
                         Facts
                         ,
                         reference
                         is
                         there
                         made
                         to
                         Mr.
                         
                           Prynne's
                           Introduction
                           to
                           the
                           Archbishop
                           of
                        
                         Canterbury's
                         Trial
                         ,
                         p.
                         43
                         :
                         so
                         you
                         may
                         there
                         read
                         it
                         in
                         p.
                         44.
                         that
                         some
                         private
                         Articles
                         were
                         agreed
                         on
                         ,
                         and
                         probably
                         were
                         Sworn
                         to
                         by
                         the
                         same
                         Persons
                         that
                         the
                         other
                         general
                         ones
                         were
                         :
                         and
                         of
                         which
                         private
                         ones
                         ,
                         the
                         first
                         was
                         in
                         short
                         ,
                         That
                         
                           none
                           of
                           the
                           Penal
                           Laws
                           against
                           Roman
                           Catholicks
                           should
                           at
                           any
                           time
                           hereafter
                           be
                           put
                           in
                           Execution
                           .
                        
                      
                       
                         But
                         you
                         may
                         thus
                         see
                         it
                         at
                         large
                         :
                         
                           viz.
                           That
                           particular
                           Laws
                           made
                           against
                           Roman
                           Catholicks
                           ,
                           under
                           which
                           other
                           Subjects
                           of
                           our
                           Realms
                           are
                           not
                           comprehended
                           ,
                           and
                           to
                           whose
                           Observation
                           all
                           generally
                           are
                           not
                           obliged
                           ,
                           as
                           likewise
                           general
                           Laws
                           ,
                           under
                           which
                           all
                           are
                           equally
                           Comprised
                           ;
                           if
                           so
                           be
                           they
                           are
                           such
                           as
                           are
                           repugnant
                           to
                           the
                           Romish
                           Religion
                           ,
                           shall
                           not
                           at
                           any
                           time
                           hereafter
                           by
                           any
                           means
                           or
                           chance
                           whatsoever
                           directly
                           or
                           indirectly
                           ,
                           be
                           commanded
                           to
                           be
                           put
                           in
                           Execution
                           against
                           the
                           said
                           Roman-Catholicks
                           .
                           And
                           we
                           will
                           cause
                           that
                           our
                           Councel
                           shall
                           take
                           the
                           same
                           Oath
                           ,
                           as
                           far
                           as
                           it
                           pertains
                           to
                           them
                           ,
                           and
                           belongs
                           to
                           the
                           Execution
                           which
                           by
                           the
                           hands
                           of
                           them
                           and
                           their
                           Ministers
                           is
                           to
                           be
                           exercised
                           .
                        
                      
                       
                         The
                         2d
                         was
                         ,
                         
                           That
                           no
                           other
                           Laws
                           shall
                           hereafter
                           be
                           made
                           anew
                           against
                           the
                           said
                           Roman
                           Catholicks
                           ;
                           but
                           that
                           there
                           shall
                           be
                           a
                           perpetual
                           Toleration
                           of
                           the
                           Roman
                           Catholick
                           Religion
                           within
                           Private
                           Houses
                           throughout
                           all
                           our
                           Realms
                           and
                           Dominions
                           ,
                           which
                           we
                           will
                           have
                           to
                           be
                           understood
                           ,
                           as
                           well
                           of
                           our
                           Kingdom
                           of
                        
                         Scotland
                         and
                         Ireland
                         ,
                         
                           as
                           in
                        
                         England
                         ,
                         &c.
                         
                      
                       
                         And
                         the
                         4th
                         was
                         ,
                         
                           That
                           we
                           will
                           interpose
                           our
                           Authority
                           ,
                           and
                           will
                           do
                           as
                           much
                           as
                           in
                           us
                           shall
                           lie
                           ,
                           that
                           the
                           Parliament
                           shall
                           approve
                           ,
                           confirm
                           and
                           ratifie
                           all
                           and
                           singular
                           Articles
                           in
                           favour
                           of
                           the
                           Roman-Catholicks
                           ,
                           capitulated
                           between
                           the
                           most
                           renowned
                           Kings
                           ,
                           by
                           reason
                           of
                           this
                           Marriage
                           ;
                           and
                           that
                           the
                           said
                           Parliament
                           shall
                           revoke
                           and
                           abrogate
                           the
                           particular
                           Laws
                           made
                           against
                           the
                           said
                           Roman-Catholicks
                           ,
                        
                         &c.
                         
                      
                       
                         And
                         the
                         Conclusion
                         there
                         is
                         ,
                         viz.
                         
                           That
                           we
                           will
                           interpose
                           our
                           Authority
                           ,
                           and
                           will
                           do
                           as
                           much
                           as
                           in
                           us
                           shall
                           lie
                           ,
                           that
                           the
                           Parliament
                           shall
                           approve
                           ,
                           confirm
                           and
                           ratifie
                           all
                           and
                           singular
                           Articles
                           in
                           favour
                           of
                           the
                           Roman-Catholicks
                           ,
                           capitulated
                           between
                           the
                           most
                           renowned
                           Kings
                           ,
                           by
                           reason
                           of
                           this
                           Marriage
                           ;
                           and
                           that
                           the
                           said
                           Parliament
                           shall
                           revoke
                           and
                           abrogate
                           the
                           particular
                           Laws
                           made
                           against
                           the
                           said
                           Roman-Catholicks
                           ,
                           to
                           whose
                           observance
                           also
                           :
                           the
                           rest
                           of
                           our
                           Subjects
                           and
                           Vassals
                           are
                           not
                           obliged
                           ;
                           as
                           likewise
                           the
                           general
                           Laws
                           under
                           which
                           all
                           are
                           equally
                           comprehended
                           ,
                           to
                           wit
                           ,
                           ●…s
                           to
                           the
                           Roman-Catholicks
                           ,
                           if
                           they
                           be
                           such
                           as
                           is
                           aforesaid
                           ,
                           which
                           are
                           repugnant
                           to
                           the
                           Roman-Catholick
                           Religion
                           :
                           and
                           that
                           hereafter
                           we
                           will
                           not
                           consent
                           ,
                           that
                           the
                           said
                           Parliament
                           should
                           ever
                           at
                           any
                           time
                           Enact
                           or
                           Write
                           any
                           other
                           new
                           Laws
                           against
                           Roman-Catholicks
                           .
                           We
                           accounting
                           all
                           and
                           singular
                           the
                           preceding
                           Articles
                           ,
                           ratified
                           and
                           accepted
                           ,
                           out
                           of
                           certain
                           Knowledge
                           ,
                           as
                           far
                           as
                           they
                           concern
                           us
                           ,
                           our
                           Heirs
                           or
                           Successors
                           ,
                           approve
                           ,
                           ratifie
                           ,
                           applaud
                           ,
                           and
                           promise
                           ,
                        
                         bon●…
                         fide
                         ,
                         
                           and
                           in
                           the
                           word
                           of
                           a
                           King
                           by
                           these
                           Presents
                           inviolably
                           ,
                           firmly
                           ,
                           well
                           and
                           faithfully
                           to
                           keep
                           ,
                        
                         
                         
                           observe
                           ,
                           and
                           fulfill
                           the
                           same
                           ,
                           and
                           to
                           cause
                           them
                           to
                           be
                           kept
                           ,
                           observed
                           and
                           fulfilled
                           without
                           any
                           Exception
                           or
                           Contradiction
                           ,
                           and
                           do
                           confirm
                           the
                           same
                           by
                           Oath
                           upon
                           the
                           holy
                           Evangelists
                           ,
                           notwithstanding
                           any
                           Opinions
                           ,
                           Sentences
                           or
                           Laws
                           whatsoever
                           to
                           the
                           contrary
                           :
                           In
                           the
                           presence
                           of
                           the
                           most
                           Illustrious
                        
                         Don
                         John
                         de
                         Mendoza
                         ,
                         
                           Marquess
                           of
                        
                         Inojosa
                         ,
                         and
                         Don
                         Charles
                         Coloma
                         .
                         
                           Extraordinary
                           Ambassadors
                           of
                           the
                           Catholick
                           King
                           ,
                           of
                        
                         George
                         Calvert
                         
                           Knight
                           ,
                           one
                           of
                           our
                           Chief
                           Secretaries
                           ,
                           of
                        
                         Edward
                         Conway
                         
                           Knight
                           another
                           of
                           our
                           Chief
                           Secretaries
                           ,
                           of
                        
                         Francis
                         Cottington
                         
                           Baronet
                           ,
                           of
                           the
                           Privy
                           Councel
                           to
                           our
                           Son
                           the
                           Prince
                           ,
                           of
                        
                         Francis
                         de
                         Corondelet
                         ,
                         
                           Apostolical
                           (
                           or
                           the
                           Pope's
                           )
                           Prothonotary
                           ,
                           and
                           Arch-Deacon
                           of
                        
                         Cambray
                         .
                         
                           Dated
                           at
                           our
                           Palace
                           at
                        
                         Westminster
                         ,
                         the
                         20
                         
                           day
                           of
                        
                         July
                         ,
                         1623.
                         
                           in
                           the
                           English
                           style
                        
                         .
                      
                       
                         
                           Jacobus
                           ,
                           Rex
                           .
                        
                         A
                         Compared
                         and
                         true
                         Copy
                         .
                         George
                         Calvert
                         ,
                         
                           Chief
                           Secretary
                        
                         .
                      
                    
                  
                
              
            
          
           
             
               The
               Form
               of
               the
               Oath
               which
               the
               Lords
               of
               the
               Councel
               took
               to
               the
               former
               Articles
               is
               this
               which
               followeth
               ,
               (
               found
               among
               the
               Lord
            
             Cottington's
             Papers
             .
             )
          
           
             
               
                 
                   
                     Formula
                     Juramenti
                     à
                     Consiliariis
                     Praestandi
                     .
                  
                   
                     Ego
                     N.
                     
                       Iuro
                       me
                       debitè
                       plenéque
                       observaturum
                       ,
                       quantum
                       ad
                       me
                       spectat
                       ,
                       omnes
                       &
                       singulos
                       Articulos
                       ,
                       qui
                       in
                       tractatu
                       Matrimonii
                       ,
                       inter
                       Serenissimum
                       Carolum
                       ,
                       Walliae
                       Principem
                       ,
                       &
                       Serenissimam
                       Dominam
                       Do●…nam
                       Mariam
                       Hispaniarum
                       I●…fantem
                       ,
                       continentur
                       .
                       IURO
                       ETIAM
                       ,
                       Quod
                       neque
                       per
                       me
                       ,
                       nec
                       per
                       Ministrum
                       aliquem
                       inferiorem
                       mihi
                       inservientem
                       ,
                       legem
                       ullam
                       contra
                       quemcunque
                       Catholicum
                       Romanum
                       conscriptum
                       executioni
                       mandabo
                       ,
                       aut
                       mandari
                       faciam
                       ,
                       Poenamve
                       ullam
                       ab
                       earum
                       aliqua
                       irrogatam
                       exigam
                       .
                       Sed
                       in
                       omnibus
                       quae
                       ad
                       me
                       pertinent
                       ,
                       Ordines
                       à
                       Majestate
                       sua
                       ex
                       ea
                       parte
                       constitutos
                       fideliter
                       observabo
                       .
                    
                  
                
              
            
          
           
             Thus
             far
             Mr.
             Prynne
             ;
             who
             verifies
             the
             Facts
             above-mention'd
             ,
             not
             only
             from
             my
             Lord
             
             Cottington's
             Papers
             ,
             but
             from
             the
             
               Mercure
               Francois
            
             ,
             Tom.
             9.
             
             A.
             1624.
             p.
             25
             ,
             26
             ,
             27.
             and
             on
             which
             Author
             he
             in
             p.
             47.
             bestows
             the
             Character
             of
             
               one
               of
               the
               truest
               Historians
               of
               this
               latter
               Age
               :
            
             and
             whom
             Mr.
             Prynne
             had
             before
             in
             p.
             40.
             cited
             for
             the
             truth
             of
             the
             general
             Articles
             referring
             to
             Tom
             9.
             p.
             11.
             and
             28.
             
             And
             I
             shall
             here
             observe
             to
             you
             ,
             that
             what
             Mr.
             Prynne
             hath
             set
             down
             as
             aforesaid
             ,
             to
             be
             the
             Form
             of
             the
             Oath
             took
             by
             the
             Lords
             of
             the
             Councel
             to
             the
             former
             Articles
             ,
             doth
             appear
             to
             be
             referr'd
             by
             him
             to
             both
             sorts
             of
             Articles
             ,
             viz.
             both
             the
             general
             and
             the
             private
             ones
             .
             For
             tho
             toward
             the
             end
             of
             the
             general
             Articles
             it
             appear'd
             only
             that
             
               the
               King
               and
               Prince
               were
               to
               be
               Sworn
               that
               all
               the
               Privy
               Councellors
               should
               sign
               those
               Articles
               under
               their
               hands
               ,
            
             and
             that
             the
             King
             Subscribed
             those
             Articles
             ,
             and
             was
             sworn
             to
             them
             in
             the
             presence
             of
             those
             Bishops
             and
             other
             
               Privy
               Councellors
            
             before
             named
             ;
             yet
             the
             first
             of
             the
             private
             Articles
             agreeing
             that
             
               the
               Councel
               should
               take
               the
               Oath
               as
               far
               as
               pertain'd
               to
               them
               ,
               and
               belong'd
               to
               the
               Execution
               which
               by
               the
               hands
               of
               them
               and
               their
               Ministers
               is
               to
               be
               exercised
               ,
            
             that
             the
             Penal
             Laws
             should
             not
             be
             executed
             against
             Roman-Catholicks
             ,
             I
             account
             it
             appears
             according
             to
             Mr.
             Prynne
             that
             the
             Privy
             Councellors
             were
             Sworn
             to
             both
             Articles
             together
             :
             and
             that
             by
             the
             words
             of
             
               IURO
               ETIAM
            
             ,
             &c.
             the
             private
             Articles
             were
             referr'd
             to
             ;
             and
             the
             which
             will
             appear
             the
             more
             manifest
             ,
             if
             you
             consider
             that
             the
             general
             Articles
             had
             not
             one
             word
             therein
             for
             the
             tolerating
             of
             more
             Papists
             then
             those
             of
             the
             
             Infanta's
             Family
             ,
             and
             such
             who
             particularly
             belong'd
             to
             her
             .
             Nor
             was
             there
             any
             thing
             more
             as
             to
             the
             
               Privy
               Councellors
            
             agreed
             to
             in
             the
             general
             Articles
             ,
             then
             their
             signing
             them
             .
             And
             both
             the
             general
             and
             private
             Articles
             bearing
             
             the
             same
             Date
             ,
             it
             may
             be
             the
             rather
             supposed
             that
             pursuant
             to
             the
             first
             private
             Article
             ,
             containing
             the
             King's
             Covenant
             for
             the
             Privy
             Councel's
             being
             sworn
             to
             them
             ,
             that
             the
             Bishops
             and
             the
             other
             
               Privy
               Councellors
            
             might
             then
             be
             sworn
             to
             them
             ,
             as
             well
             as
             their
             having
             then
             particularly
             signed
             or
             subscribed
             the
             general
             Articles
             appears
             :
             for
             so
             Mr.
             
             Prynne's
             words
             are
             ,
             p.
             44.
             
             
               The
               King
               and
               the
               Embassadors
               went
               to
               the
               Councel-Chamber
               ,
               where
               all
               the
               Lords
               of
               the
               Councel
               seal'd
               and
               subscribed
               the
               general
               Articles
               of
               the
               Marriage
               ,
            
             &c.
             
          
           
             
               A.
               
            
             
               But
               I
               account
               you
               are
               not
               ignorant
               how
               much
               it
               hath
               been
               observ'd
               that
               Mr.
               Prynne
               ,
               who
               was
               so
               voluminous
               a
               Writer
               ,
               did
               too
               much
               take
               his
               Quotations
               on
               trust
               ;
               and
               that
               therefore
               what
               he
               had
               as
               out
               of
               the
               
                 Mercure
                 Francois
              
               might
               not
               be
               rightly
               cited
               .
            
          
           
             
               B.
               
            
             
               Admitting
               that
               Mr.
               Prynne
               being
               so
               infinite
               in
               his
               Quotations
               might
               often
               erre
               that
               way
               ,
               I
               shall
               tell
               you
               ,
               that
               I
               engaging
               a
               Learned
               Man
               of
               the
               University
               of
               Oxford
               to
               consult
               Mr.
               
               Prynne's
               Quotations
               out
               of
               the
               Mercure
               (
               of
               which
               the
               Tomes
               are
               in
               the
               Bodleian
               Library
               )
               he
               return'd
               me
               word
               ,
               that
               they
               exactly
               agreed
               with
               the
               Author
               in
               the
               places
               cited
               by
               Mr.
               Prynne
               .
            
          
           
             
               A.
               
            
             
               But
               one
               would
               scarce
               think
               that
               Archbishop
               Abbot
               should
               swear
               to
               these
               private
               Articles
               ;
               for
               there
               went
               about
               a
               Letter
               of
               his
               in
               that
               Conjuncture
               ,
               by
               the
               warm
               name
               of
               
                 his
                 Remonstrance
                 to
                 His
                 Majesty
              
               against
               the
               Match
               ,
               and
               the
               toleration
               of
               the
               Roman-Catholicks
               .
            
          
           
             
               B.
               
            
             
               I
               grant
               that
               there
               did
               :
               and
               Mr.
               Prynne
               in
               p.
               39.
               and
               40.
               sets
               down
               the
               Letter
               ;
               and
               he
               calls
               it
               
                 A
                 Remonstrance
              
               :
               and
               the
               Archbishop
               is
               there
               brought
               in
               ,
               saying
               thus
               ,
               
                 viz.
                 This
                 Toleration
                 which
                 you
                 endeavour
                 to
                 s●…t
                 up
                 by
                 your
                 Proclamation
                 ,
                 cannot
                 be
                 done
                 without
                 an
                 Act
                 of
                 Parliament
                 ,
              
               &c.
               
               But
               Heylin
               in
               his
               
                 History
                 of
                 the
                 Presbyterians
              
               ,
               represents
               this
               as
               a
               Sham-Letter
               ,
               and
               put
               upon
               the
               Archbishop
               :
               and
               saith
               ,
               that
               
                 the
                 Archbishop
                 could
                 not
                 be
                 so
                 ill
                 a
                 Statesman
                 (
                 having
                 been
                 long
                 a
                 Privy
                 Councellor
                 )
                 as
                 not
                 to
                 know
                 that
                 he
                 who
                 sits
                 at
                 Helm
                 ,
                 must
                 steer
                 his
                 Course
                 according
                 to
                 Wind
                 and
                 Weather
                 ,
                 and
                 that
                 there
                 was
                 a
                 great
                 difference
                 between
                 such
                 Personal
                 Indulgences
                 as
                 the
                 King
                 had
                 granted
                 in
                 the
                 Case
                 to
                 his
                 Popish
                 Subjects
                 ,
                 and
                 any
                 such
                 Publick
                 exercise
                 of
                 their
                 Superstitions
                 as
                 the
                 word
              
               Toleration
               
                 doth
                 import
              
               .
               And
               so
               he
               giveth
               Judgment
               ,
               that
               Abbot
               
                 was
                 only
                 the
                 reputed
                 Author
                 of
                 this
                 Bastard
                 Letter
                 ,
                 and
                 not
                 the
                 natural
                 Parent
                 of
                 it
                 .
              
            
             
               In
               the
               various
               Editions
               of
               this
               Letter
               ,
               I
               have
               observ'd
               no
               date
               to
               it
               :
               and
               it
               is
               in
               that
               Book
               of
               Mr.
               Prynne
               before
               his
               mention
               of
               the
               general
               or
               private
               Articles
               ,
               and
               before
               the
               Match
               was
               resolv'd
               on
               by
               the
               King.
               And
               if
               notwithstanding
               that
               Letter
               ,
               the
               Archbishop
               was
               afterward
               Sworn
               to
               the
               Articles
               ,
               his
               altering
               his
               judgment
               on
               grounds
               of
               Reason
               ,
               was
               both
               commendable
               ,
               and
               exemplary
               :
               and
               worthy
               of
               that
               mutual
               Confidence
               between
               the
               King
               and
               him
               and
               the
               other
               Bishops
               in
               the
               Councel
               ,
               and
               his
               Privy
               Councel
               in
               general
               ;
               and
               which
               was
               such
               ,
               that
               in
               a
               lawful
               Matter
               the
               King
               could
               stipulate
               for
               their
               Obedience
               in
               the
               first
               private
               Article
               as
               was
               before
               mention'd
               .
            
          
           
             
               A.
               
            
             
               Your
               having
               shew'd
               me
               out
               of
               the
               Copy
               of
               the
               Publick
               Instruments
               found
               by
               Mr.
               Prynne
               among
               my
               Lord
               
               Cottington's
               Papers
               what
               concerns
               the
               Toleration
               ,
               hath
               given
               me
               much
               satisfaction
               in
               the
               truth
               of
               that
               Fact.
               For
               otherwise
               what
               a
               late
               Book
               writ
               for
               
                 The
                 King
                 's
                 Right
                 in
                 dispensing
                 with
                 the
                 Penal
                 Laws
              
               directed
               me
               to
               in
               Rushworth
               of
               
                 The
                 Declaration
                 touching
                 the
                 Pardons
                 ,
                 Suspensions
                 ,
                 and
                 Dispensations
                 of
                 the
                 Roman-Catholicks
                 ,
                 sign'd
                 by
                 the
                 Lord
              
               Conway
               
                 and
                 others
              
               ,
               Aug.
               the
               7th
               .
               A.
               1623.
               would
               have
               left
               the
               Matter
               to
               me
               full
               of
               doubt
               and
               mystery
               .
            
             
             
               But
               I
               see
               by
               those
               Copies
               of
               Articles
               found
               among
               the
               Papers
               of
               my
               Lord
               Cottington
               ,
               the
               Toleration
               of
               Papists
               had
               been
               reverâ
               about
               a
               Fortnight
               before
               the
               date
               of
               that
               Paper
               sworn
               to
               by
               all
               the
               Privy
               Councellors
               of
               King
               Iames.
               And
               tho
               King
               Charles
               the
               First
               did
               fall
               as
               a
               Martyr
               for
               the
               Protestant
               Religion
               ,
               and
               was
               a
               Confessor
               of
               it
               in
               Spain
               ,
               as
               Archbishop
               Laud
               sets
               forth
               in
               his
               Star-Chamber
               Speech
               ,
               and
               as
               likewise
               the
               Earl
               of
               Bristol
               shews
               in
               his
               Learned
               and
               Loyal
               Apology
               ,
               Printed
               ,
               A.
               1657.
               (
               which
               if
               you
               have
               not
               read
               ,
               is
               highly
               worth
               your
               most
               serious
               perusal
               ;
               and
               where
               having
               spoke
               of
               the
               Papal
               Dispensation
               for
               the
               Marriage
               on
               the
               Articles
               formerly
               agreed
               on
               in
               point
               of
               Religion
               ,
               and
               of
               the
               Civil
               Letters
               that
               passed
               between
               that
               King
               ,
               then
               Prince
               ,
               and
               the
               Pope
               ,
               he
               said
               that
               
                 those
                 Letters
                 were
                 Publish'd
                 and
                 Translated
                 into
                 several
                 Languages
              
               (
               referring
               there
               ,
               I
               suppose
               ,
               to
               the
               
                 Mercure
                 Francois
                 )
                 which
                 tho
                 he
                 could
                 not
                 say
                 corruptly
                 ,
                 yet
                 strained
                 as
                 much
                 as
                 might
                 be
                 to
                 his
                 disadvantage
                 ,
                 and
                 that
                 it
                 is
                 probable
                 that
                 the
                 like
                 Letters
                 of
                 Compliance
                 m●…
                 have
                 been
                 procured
                 in
                 the
                 Treaty
                 of
                 the
                 Match
                 with
              
               France
               ,
               
                 wherein
                 the
                 Pope's
                 Dispensation
                 was
                 likewise
                 held
                 necessary
              
               )
               yet
               I
               shall
               tell
               you
               ,
               that
               Mr.
               Prynne
               in
               p.
               46
               ,
               47.
               after
               he
               had
               mention'd
               the
               Oath
               taken
               by
               the
               
                 Privy
                 Councellors
              
               ,
               saith
               ,
               
                 His
                 Majesty
                 call'd
                 an
                 Assembly
                 of
                 Divines
                 to
                 Consult
                 with
                 ,
                 what
                 he
                 ought
                 to
                 do
                 for
                 the
                 discharge
                 of
                 his
                 Consc●…ence
                 in
                 this
                 regard
                 ,
                 and
                 their
                 Resolution
                 was
                 first
                 that
                 the
                 Prince
                 of
              
               Wales
               
                 should
                 promise
                 on
                 ●…is
                 Oath
                 to
                 perform
                 the
                 Conditions
                 ,
                 and
                 that
                 the
                 King
                 his
                 Father
                 should
                 do
                 the
                 like
                 :
                 Secondly
                 ,
                 That
                 the
                 Promises
                 of
                 Marriage
                 should
                 be
                 presently
                 made
                 ,
              
               &c.
               
                 but
                 that
                 the
                 Consummation
                 of
                 the
                 Marriage
                 should
                 not
                 at
                 all
                 be
                 executed
                 till
                 the
                 Month
                 of
              
               May
               
                 in
                 the
                 following
                 year
              
               1624.
               
                 to
                 the
                 end
                 that
                 they
                 might
                 experiment●…lly
                 see
                 if
                 the
                 aforesaid
                 Conditions
                 required
                 by
                 his
                 Holiness
                 should
                 be
                 faithfully
                 accomplish'd
                 ,
              
               &c.
               
               
                 As
                 to
                 the
                 first
                 ,
                 the
                 Prince
                 of
              
               Wales
               
                 took
                 an
                 Oath
                 to
                 His
                 Majesty
                 to
                 observe
                 the
                 foresaid
                 Conditions
                 ,
                 and
                 sign'd
                 them
                 with
                 his
                 Hand
                 ,
                 and
                 he
                 likewise
                 swore
                 and
                 sign'd
                 this
                 by
                 way
                 of
                 Over-plus
                 ,
                 to
                 permit
                 at
                 all
                 times
                 ,
                 that
                 Any
                 should
                 freely
                 propose
                 to
                 him
                 the
                 Arguments
                 of
                 the
                 Catholick-Religion
                 without
                 giving
                 any
                 impediment
                 ,
                 and
                 that
                 he
                 would
                 never
                 directly
                 nor
                 indirectly
                 permit
                 any
                 to
                 speak
                 to
                 the
                 Infanta
                 against
                 the
                 same
                 .
              
            
             
               But
               I
               shall
               here
               
                 en
                 passant
              
               observe
               to
               you
               out
               of
               the
               general
               Articles
               ,
               namely
               that
               in
               the
               16th
               Article
               (
               notwithstanding
               my
               Lord
               
               Coke's
               Opinion
               before-mention'd
               ,
               that
               a
               new
               Oath
               cannot
               be
               introduced
               nor
               an
               old
               one
               alter'd
               but
               by
               Act
               of
               Parliament
               )
               there
               is
               a
               new
               Oath
               of
               fealty
               agreed
               to
               by
               the
               King
               to
               be
               tender'd
               both
               to
               Foreigners
               and
               Subjects
               of
               England
               who
               were
               to
               serve
               the
               Infanta
               ,
               and
               care
               taken
               
                 that
                 no
                 Clause
                 or
                 word
                 therein
                 shall
                 contradict
                 the
                 Roman
                 Religion
                 ,
                 or
                 Consciences
                 of
                 the
                 Roman-Catholicks
                 :
              
               and
               that
               by
               the
               24th
               Article
               for
               
                 the
                 Security
                 that
                 every
                 thing
                 that
                 was
                 agreed
                 to
                 ,
                 should
                 be
                 fulfill'd
                 ,
                 the
                 King
                 and
                 Prince
                 were
                 to
                 be
                 bound
                 by
                 Oath
                 ,
                 that
                 all
                 the
                 Privy
                 Councellors
                 should
                 sign
                 the
                 Agreement
                 ,
              
               And
               I
               need
               not
               tell
               you
               that
               their
               being
               sworn
               to
               the
               private
               Articles
               was
               a
               new
               Oath
               .
            
          
           
             
               A.
               
            
             
               Was
               nothing
               of
               the
               
               King's
               mind
               about
               the
               
                 Suspending
                 ALL
              
               the
               Penal
               Laws
               ,
               both
               the
               disabling
               ones
               and
               others
               against
               the
               Papists
               ,
               notify'd
               to
               his
               
                 Privy
                 Councel
              
               before
               the
               year
               1623
               ?
            
          
           
             
               B.
               
            
             
               Mr.
               Prynne
               there
               in
               p.
               30.
               saith
               ,
               that
               
                 for
                 the
                 hastening
                 the
                 Pope's
                 Dispensation
                 for
                 the
                 Match
                 ,
                 King
              
               James
               (
               
                 as
                 the
                 French
                 Mercure
              
               ,
               Tom.
               9.
               
                 records
                 it
                 ,
                 and
                 as
                 he
                 had
                 CREDIBLY
                 been
                 inform'd
                 of
                 from
                 others
                 )
                 assembling
                 his
                 Privy
                 Councel
                 together
                 ,
              
               Febr.
               25.
               1622.
               
                 made
                 a
                 long
                 Oration
                 to
                 them
                 (
                 which
                 he
                 recites
                 at
                 large
                 )
                 the
                 sum
                 whereof
                 was
                 this
                 ,
                 That
                 the
                 Roman-Catholicks
                 in
              
               England
               
                 had
                 sustain'd
                 great
                 and
                 intolerable
                 surcharges
                 imposed
                 on
                 their
                 Goods
                 ,
                 Bodies
                 ,
                 Consciences
                 during
                 Queen
              
               Elizabeth's
               
                 Reign
                 ,
                 of
                 which
              
               
               
                 they
                 hoped
                 to
                 be
                 relieved
                 in
                 his
                 ,
              
               &c.
               
               
                 That
                 now
                 he
                 had
                 maturely
                 consider'd
                 the
                 Penury
                 and
                 Calamities
                 of
                 the
                 Roman-Catholicks
                 who
                 were
                 in
                 the
                 number
                 of
                 his
                 faithful
                 Subjects
                 ,
                 and
                 was
                 resolv'd
                 to
                 relieve
                 them
                 ,
                 and
                 therefore
                 did
                 from
                 thenceforth
                 take
                 all
                 his
                 Roman-Catholick
                 Subjects
                 into
                 his
                 Protection
                 ,
                 permitting
                 them
                 the
                 Liberty
                 and
                 entire
                 Exercise
                 of
                 their
                 Religion
                 ,
              
               &c.
               
                 without
                 any
                 Inquisition
                 ,
                 Process
                 ,
                 or
                 Molestation
                 from
                 that
                 day
                 forward
                 ;
                 and
                 likewise
                 will
                 and
                 ordain
                 ,
                 that
                 they
                 shall
                 be
                 restored
                 to
                 all
                 their
                 Estates
                 ,
                 Lands
                 ,
                 Fees
                 and
                 Seignories
                 ,
                 and
                 re-establish'd
                 in
                 them
                 :
                 Commanding
                 all
                 his
                 Magistrates
                 ,
                 Iustices
                 ,
                 and
                 other
                 Officers
                 whatsoever
                 in
                 this
                 behalf
                 to
                 hold
                 their
                 hands
                 ,
                 and
                 for
                 what
                 Cause
                 soever
                 it
                 be
                 ,
                 not
                 to
                 attempt
                 hereafter
                 to
                 grieve
                 or
                 molest
                 the
                 said
                 Catholicks
                 ,
                 neither
                 in
                 publick
                 nor
                 private
                 in
                 the
                 liberty
                 of
                 the
                 exercise
                 of
                 their
                 Religion
                 ,
                 upon
                 pain
                 of
                 being
                 reputed
                 Guilty
                 of
                 High
                 Treason
                 ,
                 and
                 Disturbers
                 of
                 the
                 Kingdoms
                 peace
                 and
                 repose
                 :
                 this
                 being
                 his
                 will
                 and
                 definitive
                 Sentence
                 .
              
            
          
           
             
               A.
               
            
             
               But
               still
               I
               cannot
               forbear
               wondring
               about
               what
               Considerations
               made
               our
               Divines
               ,
               and
               our
               Great
               Champions
               of
               the
               Church
               of
               England-Protestancy
               in
               the
               State
               as
               well
               as
               Church
               ,
               afterward
               thus
               inclinable
               to
               act
               their
               Parts
               about
               Toleration
               ,
               as
               Mr.
               Prynne
               hath
               mention'd
               .
            
          
           
             
               B.
               
            
             
               They
               had
               cause
               enough
               to
               apprehend
               that
               the
               Hierarchy
               of
               England
               could
               not
               be
               supported
               without
               the
               Monarchy
               ,
               and
               that
               by
               reason
               of
               the
               various
               growth
               of
               the
               Potency
               of
               foreign
               Princes
               and
               States
               ,
               and
               of
               intestine
               Factions
               ,
               the
               Monarchy
               could
               not
               be
               then
               sufficiently
               secure
               without
               a
               foreign
               Alliance
               by
               inter-marriage
               ;
               and
               that
               where
               such
               Alliance
               was
               to
               be
               with
               the
               Famili●…s
               of
               Roman-Catholick
               Princes
               ,
               there
               could
               be
               no
               expectation
               of
               the
               Pope's
               relaxing
               his
               Laws
               by
               dispensing
               ,
               without
               our
               Princes
               doing
               something
               of
               that
               kind
               as
               to
               theirs
               .
            
             
               I
               might
               here
               observe
               to
               you
               ,
               that
               we
               are
               told
               in
               
                 The
                 Regal
                 Apology
              
               (
               that
               the
               
                 Oxford
                 ▪
                 Antiquities
              
               mention'd
               to
               have
               been
               writ
               by
               Dr.
               Bate
               )
               that
               
                 A
                 particular
                 Toleration
                 had
                 a
                 former
                 President
                 even
                 in
                 Queen
              
               Elizabeth
               
                 in
                 those
                 Articles
                 of
                 Marriage
                 which
                 were
                 consented
                 to
                 with
                 the
                 Duke
                 of
              
               Anjou
               :
               
                 and
                 if
                 it
                 were
                 true
                 that
                 an
                 Universal
                 Toleration
                 was
                 agreed
                 on
                 by
                 King
              
               James
               ,
               
                 it
                 was
              
               intuitu
               majoris
               boni
               .
               
                 The
                 Palatinate
                 was
                 to
                 be
                 restored
                 again
                 ,
                 and
                 the
                 Protestants
                 of
              
               Germany
               
                 to
                 be
                 re-enstated
                 in
                 their
                 Possessions
                 on
                 that
                 Condition
                 .
              
            
             
               But
               to
               punish
               being
               a
               kind
               of
               Punishment
               ,
               and
               it
               being
               irreligious
               to
               punish
               Men
               for
               Religion
               ,
               and
               the
               highest
               tide
               of
               Anger
               being
               naturally
               succeeded
               by
               the
               lowest
               ebbe
               of
               it
               ,
               and
               the
               thoughts
               of
               rigorous
               Severity
               in
               Princes
               toward
               their
               Subjects
               being
               like
               such
               in
               the
               Head
               toward
               the
               Members
               of
               the
               same
               Body
               ,
               and
               King
               Iames
               having
               found
               that
               the
               general
               abhorrence
               of
               the
               Gun-Powder-Treason
               had
               blown
               up
               the
               credit
               of
               those
               fiery
               Doctrines
               that
               produced
               it
               ,
               and
               he
               being
               then
               within
               Prospect
               of
               his
               end
               and
               being
               unwilling
               that
               the
               Sun
               of
               his
               Life
               
                 should
                 go
                 down
                 in
                 his
                 wrath
                 ,
              
               and
               finding
               ,
               as
               appears
               by
               his
               long
               Proclamation
               of
               four
               sheets
               of
               Paper
               ,
               declaring
               his
               .
               Pleasure
               concerning
               the
               Dissolving
               of
               the
               Parliament
               ,
               A.
               16●…1
               .
               that
               they
               were
               not
               the
               Papists
               who
               made
               his
               later
               breath
               so
               uneasie
               to
               him
               ,
               and
               he
               being
               of
               opinion
               that
               the
               reason
               of
               the
               severe
               Laws
               was
               much
               abated
               ,
               it
               may
               abate
               of
               our
               wonder
               that
               in
               that
               Conjuncture
               he
               put
               a
               Period
               to
               their
               Execution
               .
            
             
               Mr.
               Prynne
               for
               this
               purpose
               in
               p.
               14.
               of
               that
               Book
               Prints
               a
               Letter
               of
               the
               Lord
               Keeper
               Williams
               to
               the
               I●…dges
               in
               the
               year
               following
               ,
               to
               acquaint
               them
               that
               
                 His
                 Majesty
                 having
                 resolv'd
                 (
                 out
                 of
                 deep
                 Reasons
                 of
                 State
                 ,
                 and
                 in
                 expectation
                 of
                 like
                 Correspondence
                 from
                 foreign
                 Princes
                 to
                 the
                 Professors
                 of
                 our
                 Religion
                 )
                 to
                 grant
                 some
                 Grace
                 and
                 Conveniency
                 to
                 the
                 imprison'd
                 Papists
                 of
                 this
                 Kingdom
                 ;
                 had
                 Commanded
                 him
                 to
                 pass
                 some
                 Writs
                 under
                 the
                 Broad
                 Seal
              
               
               
                 for
                 that
                 purpose
                 ,
                 and
                 that
                 he
                 had
                 accordingly
                 done
                 so
              
               ;
               and
               tells
               them
               ,
               that
               
                 't
                 is
                 His
                 Majesty's
                 Pleasure
                 that
                 they
                 shall
                 make
                 no
                 niceness
                 or
                 difficulty
                 to
                 extend
                 that
                 his
                 Princely
                 favour
                 to
                 all
                 Papists
                 imprison'd
                 for
                 any
                 Church
                 Recusancy
                 whatsoever
                 ,
                 or
                 refusing
                 the
                 Oath
                 of
                 Supremacy
                 ,
                 or
                 hearing
                 of
                 Mass
                 ,
                 or
                 any
                 other
                 point
                 of
                 Recusancy
                 which
                 doth
                 touch
                 or
                 concern
                 Religion
                 only
                 ,
                 and
                 not
                 matters
                 of
                 State
                 ,
                 which
                 shall
                 appear
                 to
                 you
                 to
                 be
                 totally
                 Civil
                 and
                 Political
                 .
              
            
          
           
             
               A.
               
            
             
               You
               lately
               ment●…on'd
               to
               me
               that
               the
               Earl
               of
               Bristol
               hinted
               it
               that
               there
               was
               afterward
               somewhat
               of
               Compliance
               with
               the
               Pope
               in
               the
               Match
               with
               France
               of
               that
               nature
               ,
               as
               was
               in
               the
               Spanish
               .
               W●…at
               account
               doth
               Mr.
               Prynne
               give
               of
               that
               ?
            
          
           
             
               B.
               
            
             
               He
               tells
               you
               there
               ,
               p.
               69.
               that
               
                 the
                 French
                 Ma●…ch
                 was
                 soon
                 Concluded
                 in
                 the
                 life
                 of
                 King
              
               James
               ,
               
                 the
                 Articles
                 concerning
                 Religion
                 being
                 the
                 same
                 almost
              
               Verbatim
               
                 with
                 those
                 formerly
                 agreed
                 on
                 in
                 the
                 Spanish
                 Treaty
                 .
              
               And
               he
               there
               refers
               to
               
                 Rot.
                 Tractationis
                 &
                 Ratificationis
                 Matrimon●…
                 inter
                 Dom.
                 Carolum
                 Regem
                 &
                 Dom.
                 Henret
                 .
                 Mariam
                 Sororem
                 Regis
                 Franc.
                 1
                 o
                 Cat.
              
               in
               the
               Rolls
               :
               and
               then
               in
               p.
               71.
               saith
               ,
               
                 Besides
                 these
                 general
                 Articles
                 of
                 the
                 Match
                 ,
                 these
                 particular
                 ones
                 were
                 concluded
                 and
                 agreed
                 on
                 in
                 favour
                 of
                 the
                 Roman-Catholicks
                 ,
                 the
                 same
                 in
                 Substance
                 with
                 those
                 of
              
               Spain
               ,
               and
               where
               he
               saith
               the
               Second
               is
               to
               this
               effect
               ,
               
                 that
                 the
                 English
                 Catholicks
                 should
                 be
                 no
                 more
                 searched
                 after
              
               (
               or
               molested
               )
               
                 for
                 their
                 Religion
              
               .
            
             
               But
               Mr.
               Prynne
               there
               particularly
               sets
               down
               only
               three
               short
               Articles
               ,
               and
               those
               comprised
               in
               about
               six
               lines
               :
               and
               the
               words
               [
               or
               mol●…ted
               ]
               in
               the
               second
               Article
               are
               Printed
               in
               a
               different
               Character
               from
               the
               others
               ,
               as
               if
               he
               thereby
               intended
               them
               as
               his
               own
               Explication
               of
               the
               word
               searched
               .
            
          
           
             
               A.
               
            
             
               You
               just
               now
               mention'd
               King
               Iames
               his
               having
               in
               the
               year
               1622.
               order'd
               all
               the
               Popish
               Recusants
               who
               were
               in
               Prison
               on
               the
               account
               of
               their
               Religion
               to
               be
               set
               at
               liberty
               :
               and
               you
               told
               me
               how
               he
               tacitly
               dispens'd
               with
               the
               Disability
               that
               Popish
               Physicians
               and
               Lawyers
               had
               incurr'd
               by
               Act
               of
               Parliament
               .
               Was
               that
               all
               the
               favour
               he
               shew'd
               Roman-Catholicks
               ?
            
          
           
             
               B.
               
            
             
               No
               :
               He
               allow'd
               them
               to
               make
               a
               very
               Considerable
               figure
               in
               the
               Government
               ,
               as
               you
               may
               find
               if
               you
               consult
               the
               Iournals
               of
               Parliament
               ,
               as
               referr'd
               to
               by
               Mr.
               Prynne
               ,
               p.
               66.
               
               &
               Seq
               .
               of
               that
               Book
               :
               For
               he
               there
               mentions
               ,
               that
               in
               the
               year
               1624.
               
               
                 The
                 Commons
                 sent
                 a
                 Petition
                 to
                 the
                 Lords
                 ,
                 desiring
                 their
                 Concurrence
                 with
                 them
                 in
                 presenting
                 it
                 to
                 His
                 Majesty
                 ,
                 for
                 removing
                 Popish
                 Recusants
                 ,
                 and
                 those
                 whose
                 Wives
                 were
                 Papists
                 ,
                 from
                 Offices
                 of
                 Trust
                 ,
                 which
                 by
                 Law
                 they
                 were
                 DISABLED
                 to
                 execute
                 ,
                 which
                 the
                 Lords
                 took
                 into
                 their
                 Consideration
                 ,
              
               and
               which
               Mr.
               Prynne
               saith
               ,
               
                 was
                 enter'd
                 in
                 their
                 Iournal
                 in
                 this
                 manner
                 ,
              
               Die
               Jovis
               viz.
               Vicessimo
               die
               Maii
               1624.
               
               
                 The
                 Lord
                 Archbishop
                 of
              
               Canterbury
               
                 reported
                 ,
                 that
                 at
                 the
                 meeting
                 this
                 Day
                 with
                 the
                 Commons
                 ,
                 they
                 Presented
                 an
                 humble
                 Petition
                 to
                 the
                 King
                 ,
                 desiring
                 this
                 House
                 to
                 joyn
                 therein
                 with
                 them
                 .
                 The
                 which
                 Petition
                 was
                 read
              
               in
               haec
               verba
               ,
               &c.
               
            
             
               In
               short
               ,
               the
               Commons
               in
               their
               Petition
               take
               notice
               of
               the
               Growth
               of
               the
               Number
               of
               
                 Popish
                 Recusants
                 in
                 this
                 Kingdom
                 ,
                 and
                 of
                 their
                 insolency
                 in
                 all
                 the
                 Parts
                 thereof
                 ,
                 and
                 that
                 many
                 of
                 them
                 ,
                 contrary
                 to
                 the
                 Laws
                 ,
                 were
                 g●…t
                 into
                 Offices
                 and
                 Places
                 of
                 Government
                 and
                 Authority
                 under
                 the
                 King
                 :
              
               And
               the
               Prayer
               of
               the
               Petition
               is
               ,
               
                 That
                 the
                 Lords
                 and
                 Gentlemen
                 there
                 undernamed
                 ,
                 may
                 be
                 removed
                 from
                 all
                 His
                 Majesty's
                 Commissions
                 of
                 great
                 Charge
                 and
                 Trust
                 ,
                 Commissions
                 of
                 Lieutenancy
                 ,
                 Oyer
                 and
                 Terminer
                 ,
                 and
                 of
                 the
                 Peace
                 ,
                 and
                 from
                 all
                 other
                 Offices
                 and
                 Places
                 of
                 Trust.
              
               And
               they
               in
               their
               first
               Sched●…le
               there
               name
               11
               Lords
               and
               18
               Knights
               .
            
             
             
               And
               in
               their
               second
               they
               name
               many
               Persons
               of
               Quality
               who
               were
               in
               Places
               of
               Charge
               and
               Trust
               in
               their
               several
               Counties
               ,
               and
               had
               marry'd
               Popish
               Wives
               ,
               and
               whose
               Children
               and
               Servants
               were
               bred
               up
               to
               Popery
               .
            
          
           
             
               A.
               
            
             
               Doth
               any
               Act
               of
               Parliament
               disable
               a
               man
               from
               bearing
               Office
               because
               his
               Wife
               is
               a
               Papist
               ,
               or
               because
               his
               Children
               or
               Servants
               are
               bred
               up
               to
               be
               Papists
               ?
            
          
           
             
               B.
               
            
             
               Yes
               ,
               the
               Act
               of
               the
               Third
               of
               King
               Iames
               the
               First
               ,
               cap.
               5.
               doth
               it
               ,
               as
               you
               will
               see
               if
               you
               consult
               it
               ;
               for
               't
               is
               there
               Enacted
               ,
               That
               
                 no
                 Popish
                 Recusant
                 Convict
                 ,
                 nor
                 any
                 having
                 a
                 Wife
                 being
                 a
                 Popish
                 Recusant
                 Convict
                 ,
                 shall
                 at
                 any
                 time
                 after
                 this
                 Session
                 of
                 Parliament
                 ,
                 or
                 any
                 Popish
                 Recusant
                 hereafter
                 to
                 be
                 Convict
                 ,
                 or
                 having
                 a
                 Wife
                 which
                 hereafter
                 shall
                 be
                 a
                 Recusant
                 Convict
                 ,
                 at
                 any
                 time
                 after
                 his
                 or
                 her
                 Conviction
                 ,
                 shall
                 exercise
                 any
                 publick
                 Office
                 or
                 Charge
                 in
                 the
                 Common-wealth
                 ,
                 but
                 shall
                 be
                 utterly
                 DISABLED
                 to
                 exercise
                 the
                 same
                 by
                 himself
                 or
                 his
                 Deputy
                 ,
                 except
                 such
                 Husband
                 himself
                 and
                 his
                 Children
                 which
                 shall
                 be
                 above
                 the
                 age
                 of
                 Nine
                 years
                 abiding
                 with
                 him
                 ,
                 and
                 his
                 Servants
                 in
                 Houshold
                 shall
                 once
                 every
                 Month
                 in
                 the
                 least
                 ,
                 repair
                 to
                 some
                 Church
                 usual
                 for
                 Divine
                 Service
                 ,
                 and
                 there
                 hear
                 Divine
                 Service
                 ,
                 and
                 the
                 said
                 Husband
                 ,
                 and
                 such
                 his
                 Children
                 and
                 Servants
                 as
                 are
                 of
                 meet
                 Age
                 receive
                 the
                 Sacrament
                 of
                 the
                 Lord's
                 Supper
                 ,
                 and
                 do
                 bring
                 up
                 his
                 said
                 Children
                 in
                 true
                 Religion
                 .
              
            
          
           
             
               A.
               
            
             
               Now
               have
               you
               set
               me
               a
               longing
               to
               know
               what
               the
               House
               of
               Lords
               did
               in
               the
               Case
               of
               that
               Petition
               about
               removing
               those
               disabled
               Persons
               from
               serving
               the
               King
               in
               those
               great
               Stations
               .
               And
               since
               the
               Judgment
               of
               Parliament
               was
               always
               had
               in
               such
               great
               veneration
               ,
               I
               think
               if
               the
               result
               of
               the
               desire
               of
               the
               House
               of
               Commons
               was
               that
               the
               Lords
               had
               joyn'd
               with
               them
               in
               the
               Petition
               ,
               and
               had
               urged
               that
               the
               King
               could
               not
               dispense
               with
               that
               Act
               of
               Parliament
               and
               Pardon
               Disability
               ,
               it
               may
               make
               a
               notable
               President
               in
               the
               Case
               we
               have
               been
               discussing
               .
            
          
           
             
               B.
               
            
             
               You
               will
               find
               that
               the
               Commons
               urged
               nothing
               to
               the
               prejudice
               of
               Prerogative
               in
               the
               Prayer
               of
               their
               Petition
               .
               Their
               style
               there
               was
               ,
               
                 We
                 humbly
                 beseech
                 your
                 Majesty
                 graciously
                 to
                 vouchsafe
                 that
                 the
                 said
                 Lords
                 and
                 Gentlemen
                 here
                 under-named
                 for
                 this
                 important
                 Reason
                 ,
                 and
                 for
                 the
                 greater
                 Safety
                 of
                 your
                 Majesty
                 and
                 of
                 your
                 Realm
                 ,
                 may
                 be
                 removed
                 from
                 all
                 your
                 Majesty's
                 Commissions
                 of
                 great
                 Charge
                 and
                 Trust
                 ,
                 Commissions
                 of
                 Lieutenancy
                 ,
              
               &c.
               
               And
               the
               important
               reason
               did
               refer
               to
               the
               
                 great
                 Countenance
                 hereby
                 given
                 to
                 Popery
                 ,
                 the
                 great
                 grief
                 and
                 offence
                 to
                 all
                 his
                 best
                 affected
                 and
                 true
                 loving
                 Subjects
                 by
                 putting
                 the
                 Power
                 of
                 Arms
                 into
                 such
                 mens
                 hands
                 as
                 by
                 former
                 Acts
                 of
                 His
                 Majesty's
                 Councel
                 are
                 adjudged
                 Persons
                 justly
                 to
                 be
                 suspected
                 ,
              
               &c.
               
            
             
               But
               to
               let
               you
               see
               what
               the
               House
               of
               Lords
               did
               hereupon
               ,
               Mr.
               Prynne
               tells
               you
               ,
               p.
               69.
               
               
                 That
                 this
                 Petition
                 being
                 read
                 ,
                 the
                 House
                 did
                 defer
                 the
                 Debate
                 thereof
                 at
                 this
                 time
                 ,
                 for
                 that
                 the
                 day
                 was
                 far
                 spent
                 .
                 And
                 answer
                 was
                 given
                 to
                 the
                 Commons
                 (
                 who
                 attended
                 for
                 the
                 same
                 in
                 the
                 Painted
                 Chamber
                 )
                 that
                 the
                 Lords
                 will
                 send
                 them
                 an
                 Answer
                 of
                 this
                 Petition
                 ,
                 hereafter
                 when
                 they
                 are
                 resolv'd
                 thereof
                 .
              
               Whereupon
               Mr.
               Prynne
               concludes
               his
               account
               of
               this
               Transaction
               thus
               ,
               
                 Whether
                 any
                 of
                 these
                 were
                 displaced
                 upon
                 this
                 Petition
                 ,
                 I
                 find
                 not
                 in
                 any
                 Memorials
                 ;
                 it
                 being
                 certain
                 some
                 of
                 them
                 were
                 not
                 ,
                 but
                 continued
                 still
                 in
                 these
                 Offices
                 of
                 Trust.
                 
              
            
          
           
             
               A.
               
            
             
               How
               have
               you
               here
               disappointed
               my
               Curiosity
               in
               making
               that
               ferment
               then
               in
               the
               Government
               about
               the
               Disability
               of
               the
               Papists
               being
               dispens'd
               with
               ,
               thus
               silently
               to
               go
               off
               through
               the
               House
               of
               Lords
               forbearing
               to
               joyn
               with
               the
               House
               of
               Commons
               in
               their
               Petition
               !
            
          
           
             
             
               B.
               
            
             
               I
               shall
               here
               afford
               your
               Curiosity
               a
               recompence
               by
               observing
               it
               to
               you
               with
               allusion
               to
               some
               of
               the
               words
               of
               the
               Royal
               Martyr
               in
               his
               Answer
               to
               the
               19
               
                 Propositions
                 ,
                 That
                 the
                 ancient
                 ,
                 equal
                 ,
                 happy
                 ,
                 well
                 poysed
                 ,
                 and
                 never
                 enough
                 commended
                 Constitution
                 of
                 the
                 Government
                 of
                 this
                 Kingdom
                 having
                 made
                 this
                 Nation
                 so
                 famous
                 and
                 happy
                 to
                 a
                 great
                 degree
                 of
                 Envy
                 ,
              
               &c.
               
                 and
                 the
                 Lords
                 being
                 trusted
                 with
                 a
                 Iudicatory
                 Power
                 are
                 an
                 excellent
                 Screen
                 and
                 Bank
                 between
                 the
                 Prince
                 and
                 the
                 People
                 ,
                 to
                 assist
                 each
                 against
                 any
                 Encroachment
                 of
                 the
                 other
                 ,
              
               &c.
               that
               the
               Wisdom
               of
               that
               House
               in
               acting
               as
               it
               hath
               done
               ,
               in
               many
               Conjunctures
               hath
               put
               an
               end
               to
               many
               ferments
               accidentally
               occasion'd
               by
               others
               mistakes
               about
               Prerogative
               ,
               and
               whereby
               that
               august
               Assembly
               did
               sometimes
               
                 Cunctando
                 restituere
                 rem
              
               ,
               and
               by
               its
               forbearing
               out
               of
               tender●…ess
               for
               Prerogative
               to
               give
               judgment
               about
               it
               ,
               hath
               often
               to
               the
               Satisfaction
               both
               of
               the
               Prince
               and
               People
               ,
               left
               the
               Regal
               Rights
               in
               their
               ancient
               quiet
               Estate
               .
            
             
               I
               shall
               for
               this
               purpose
               observe
               to
               you
               ,
               that
               I
               once
               reading
               to
               the
               late
               Earl
               of
               Anglesy
               when
               he
               was
               Lord
               
                 Privy
                 Seal
              
               ,
               what
               I
               had
               in
               a
               Manuscript
               of
               mine
               set
               down
               ,
               as
               the
               Fact
               of
               what
               had
               passed
               between
               the
               late
               King
               and
               the
               House
               of
               Commons
               concerning
               his
               
                 Declaration
                 of
                 Indulgence
              
               on
               March
               the
               15th
               ,
               1671.
               and
               the
               Penal
               Laws
               being
               thereby
               suspended
               (
               and
               the
               suspension
               of
               which
               the
               Commons
               then
               urged
               could
               not
               be
               but
               by
               Act
               of
               Parliament
               ,
               and
               whereupon
               they
               apply'd
               to
               the
               King
               for
               the
               Vacating
               that
               Declaration
               )
               his
               Lordship
               did
               dictate
               to
               me
               in
               order
               to
               my
               Compleating
               the
               state
               of
               that
               Fact
               ,
               and
               which
               I
               writ
               from
               his
               Mouth
               ,
               as
               followeth
               ,
               
                 viz.
                 But
                 it
                 is
                 to
                 be
                 observ'd
                 upon
                 this
                 whole
                 Transaction
                 between
                 the
                 King
                 and
                 the
                 House
                 of
                 Commons
                 ,
                 that
                 the
                 Lords
                 had
                 no
                 hand
                 in
                 the
                 Address
                 to
                 the
                 King
                 about
                 this
                 great
                 Point
                 ;
                 altho
                 it
                 be
                 uncontroverted
                 that
                 the
                 Lords
                 are
                 the
                 only
                 Iudicatory
                 that
                 can
                 determine
                 any
                 controverted
                 Point
                 without
                 an
                 Act
                 of
                 Parliament
                 ,
                 and
                 either
                 the
                 King
                 or
                 the
                 Commons
                 might
                 in
                 a
                 particular
                 Case
                 have
                 had
                 this
                 Point
                 brought
                 by
                 Appeal
                 to
                 the
                 Lords
                 ,
                 if
                 they
                 had
                 pleas'd
                 ,
                 and
                 consequently
                 might
                 have
                 effected
                 the
                 judicial
                 decision
                 of
                 the
                 same
                 .
              
            
          
           
             
               A.
               
            
             
               In
               your
               State
               of
               that
               part
               of
               the
               Fact
               that
               concern'd
               the
               Commons
               ,
               did
               they
               Address
               against
               the
               Dispensing
               with
               Acts
               of
               
                 Parliament
                 ▪
              
            
          
           
             
               B.
               
            
             
               No
               ,
               but
               only
               against
               the
               Suspending
               them
               ,
               which
               are
               things
               of
               a
               different
               Nature
               .
               The
               same
               House
               of
               Commons
               by
               having
               Iuly
               the
               10th
               ,
               1663.
               resolved
               ,
               
                 That
                 His
                 Majesty
                 be
                 humbly
                 desired
                 to
                 issue
                 forth
                 his
                 Proclamation
                 for
                 the
                 punctual
                 and
                 effectual
                 Execution
                 and
                 Observance
                 of
                 the
                 Act
                 of
                 Navigation
                 without
                 any
                 Dispensation
                 whatsoever
                 ,
                 whereby
                 the
                 Act
                 may
                 be
                 in
                 the
                 least
                 violated
                 ,
                 and
                 to
                 recal
                 such
                 Dispensations
                 as
                 are
                 already
                 granted
                 ,
              
               &c.
               did
               virtually
               shew
               a
               Deference
               to
               His
               Majesty's
               right
               of
               Dispensing
               .
               Nay
               ,
               let
               me
               tell
               you
               ,
               that
               the
               very
               many
               Acts
               of
               Parliaments
               which
               expresly
               provide
               against
               the
               Crown
               's
               dispensing
               by
               Non-obstante
               in
               some
               particular
               Cases
               ,
               may
               all
               be
               cited
               as
               Presidents
               or
               Iudgments
               of
               Parliaments
               for
               the
               propping
               up
               the
               Dispensative
               Power
               ,
               and
               of
               Parliaments
               having
               admitted
               that
               Power
               in
               our
               Kings
               ,
               the
               exercise
               of
               which
               they
               provide
               against
               and
               desire
               to
               take
               away
               in
               such
               particular
               Cases
               .
            
             
               But
               by
               referring
               to
               the
               Fact
               of
               the
               entercourse
               between
               the
               late
               King
               and
               the
               House
               of
               Commons
               about
               the
               suspending
               the
               Penal
               Laws
               ,
               I
               have
               took
               occasion
               to
               point
               out
               to
               you
               the
               Wisdom
               of
               the
               Government
               in
               then
               passing
               that
               affair
               over
               without
               a
               judicial
               decision
               .
               And
               I
               can
               give
               you
               an
               instance
               of
               the
               Prudential
               measures
               formerly
               observ'd
               by
               Persons
               who
               made
               a
               great
               figure
               in
               the
               Administration
               of
               the
               Ecclesiastical
               Government
               of
               the
               Church
               of
               England
               ,
               and
               who
               at
               the
               Consecration
               of
               Bishop
               Manwaring
               when
               on
               the
               usual
               Process
               at
               Consecrations
               to
               call
               all
               Persons
               to
               appear
               to
               shew
               cause
               why
               the
               Elect
               should
               not
               be
               Confirm'd
               ,
               some
               then
               appear'd
               &
               objected
               against
               
               him
               ,
               that
               upon
               his
               being
               Impeached
               3
               o
               Car.
               1.
               by
               the
               Commons
               ,
               the
               Lords
               had
               given
               Iudgment
               against
               him
               to
               disable
               him
               from
               all
               Preferment
               in
               the
               Church
               ;
               forbore
               to
               consider
               the
               merits
               of
               the
               Exception
               ,
               and
               throwing
               them
               off
               by
               a
               Pretence
               of
               their
               being
               defective
               in
               some
               Formalities
               of
               Law
               ,
               went
               on
               in
               the
               Confirmation
               .
            
             
               And
               which
               is
               more
               ,
               I
               can
               tell
               you
               that
               long
               afterward
               ,
               viz.
               A.
               1640.
               the
               Lords
               highly
               resenting
               both
               the
               Pardon
               and
               Bishoprick
               he
               had
               obtain'd
               ,
               and
               calling
               to
               mind
               the
               Sentence
               they
               had
               pronounced
               against
               him
               ,
               did
               on
               the
               18th
               of
               April
               that
               year
               ,
               refer
               the
               Consideration
               thereof
               to
               their
               Grand
               Committee
               for
               
                 Privileges
                 ,
                 it
                 being
                 also
                 moved
                 ,
                 that
                 what
                 can
                 be
                 alledged
                 on
                 the
                 Lord
                 Bishop
                 of
                 St.
              
               David
               '
               
                 s
                 part
                 ,
                 either
                 by
                 Pardon
                 ,
                 Licence
                 or
                 otherwise
                 ,
                 may
                 be
                 produced
                 and
                 seen
                 at
                 the
                 Sitting
                 of
                 the
                 Lords
                 Committees
                 for
                 their
                 full
                 and
                 clear
                 understanding
                 ,
                 and
                 better
                 expedition
                 in
                 the
                 business
                 :
              
               and
               on
               the
               21st
               of
               April
               that
               
                 year
                 ,
                 order'd
                 ,
                 that
                 on
                 the
                 following
              
               Monday
               ,
               
                 the
                 Records
                 be
                 brought
                 into
                 the
                 House
                 ,
                 that
                 the
                 House
                 might
                 determine
                 the
                 Cause
                 ,
              
               and
               on
               the
               27th
               of
               April
               following
               ,
               
                 order'd
                 the
                 Cause
                 to
                 be
                 heard
                 the
                 next
                 day
                 ,
              
               and
               upon
               which
               day
               some
               such
               fatal
               Sentence
               being
               expected
               against
               the
               Bishop
               ,
               as
               ,
               
                 And
                 his
                 Bishoprick
                 let
                 another
                 man
                 take
                 ,
              
               by
               reason
               of
               his
               having
               been
               judicially
               disabled
               ;
               His
               Majesty
               commanded
               that
               Bishop
               not
               to
               Sit
               in
               Parliament
               ,
               nor
               send
               any
               Proxy
               thither
               :
               and
               the
               serment
               of
               the
               debate
               went
               off
               without
               any
               Iudgment
               given
               by
               the
               Lords
               that
               might
               touch
               Prerogative
               in
               the
               Point
               .
            
             
               And
               if
               in
               the
               year
               1640.
               when
               the
               air
               of
               mens
               fancies
               was
               so
               much
               infected
               with
               the
               Pestilence
               of
               Faction
               ,
               so
               much
               tenderness
               was
               shewn
               to
               Prerogative
               (
               and
               that
               too
               in
               the
               Case
               of
               a
               Criminal
               whom
               the
               Commons
               had
               for
               so
               many
               years
               made
               the
               great
               object
               of
               their
               anger
               ,
               as
               one
               whom
               they
               look'd
               on
               as
               a
               Proditor
               or
               Betrayer
               of
               his
               Country
               ,
               and
               Betrayer
               of
               their
               Properties
               )
               the
               Loyal
               may
               well
               say
               
                 quid
                 non
                 speremus
              
               ,
               as
               to
               any
               future
               ferment
               that
               can
               rise
               in
               Parliament
               ,
               being
               allay'd
               without
               Prejudice
               to
               the
               Crown
               .
            
             
               The
               Iournals
               of
               Parliament
               in
               the
               Beginning
               of
               the
               Reign
               of
               King
               Charles
               the
               First
               do
               tell
               us
               of
               the
               great
               ferment
               about
               the
               Pardon
               of
               Bishop
               Montague
               ,
               whom
               the
               Commons
               had
               impeach'd
               before
               the
               Lords
               ,
               and
               who
               after
               the
               Parliament
               was
               Prorogued
               to
               the
               4th
               year
               of
               the
               reign
               of
               that
               Prince
               ,
               had
               obtain'd
               his
               Pardon
               in
               the
               time
               of
               the
               Prorogation
               ,
               and
               that
               such
               Pardon
               was
               by
               the
               Commons
               question'd
               ,
               and
               that
               such
               questioning
               soon
               evaporated
               .
            
             
               But
               according
               to
               that
               Great
               Saying
               of
               Sir
               
                 Harry
                 Martin
              
               in
               his
               Speech
               at
               a
               Conference
               between
               both
               Houses
               (
               as
               you
               will
               find
               it
               in
               R●…shworth
               )
               after
               he
               had
               mention'd
               the
               inconvenience
               of
               nice
               debates
               about
               
                 the
                 Original
                 ,
                 Latitude
                 and
                 Bounds
                 of
                 Sovereign
                 Power
                 ,
              
               viz.
               
                 I
                 have
                 ever
                 been
                 of
                 opinion
                 that
                 it
                 is
                 then
                 best
                 with
                 Sovereign
                 Power
                 when
                 it
                 is
                 had
                 in
                 tacit
                 veneration
                 ,
                 and
                 not
                 when
                 it
                 is
                 prophaned
                 by
                 Publick
                 Hearings
                 and
                 Examinations
                 ,
              
               you
               will
               find
               that
               it
               hath
               been
               the
               usual
               Practice
               of
               our
               great
               Loyal
               Patriots
               ,
               in
               many
               Critical
               Conjunctures
               of
               time
               to
               prevent
               the
               popular
               Criticising
               on
               Controverted
               Points
               of
               Prerogative
               ,
               and
               to
               provide
               for
               the
               ease
               both
               of
               Prince
               and
               People
               by
               giving
               no
               other
               rule
               in
               the
               Cause
               then
               the
               putting
               it
               off
               
                 in
                 longissimum
                 diem
              
               .
            
          
           
             
               A.
               
            
             
               I
               suppose
               that
               excellent
               Political
               remark
               of
               Sir
               Harry
               Martin's
               was
               so
               made
               by
               him
               in
               the
               Conjuncture
               of
               the
               Petition
               of
               Right
               .
               I
               have
               read
               of
               the
               great
               ferment
               the
               Petition
               of
               Right
               made
               in
               the
               beginning
               of
               the
               Reign
               of
               the
               Royal
               Martyr
               :
               and
               I
               shall
               be
               glad
               to
               know
               if
               the
               dispensing
               with
               the
               Penal
               Laws
               ,
               and
               particularly
               such
               as
               are
               inclusive
               of
               disability
               made
               any
               part
               of
               the
               fermentation
               .
            
          
           
             
             
               B.
               
            
             
               No
               doubt
               if
               the
               Dispensative
               Power
               of
               the
               Crown
               as
               to
               any
               Penal
               religionary
               ●…aws
               ,
               had
               then
               appear'd
               any
               considerable
               gravamen
               to
               any
               of
               the
               three
               Estates
               ,
               they
               would
               then
               have
               cry'd
               out
               of
               it
               :
               But
               which
               they
               did
               not
               .
               Yet
               I
               shall
               tell
               you
               that
               they
               had
               a
               fair
               occas●…on
               then
               given
               them
               to
               do
               it
               if
               they
               had
               thought
               it
               tanti
               .
               For
               in
               the
               first
               year
               of
               his
               Reign
               there
               was
               a
               ferment
               in
               Parliament
               about
               the
               Penal
               Laws
               against
               the
               Papists
               ,
               and
               particularly
               the
               disabling
               ones
               ,
               but
               which
               soon
               went
               off
               (
               as
               I
               may
               say
               )
               by
               insensible
               Perspiration
               .
            
             
               It
               s●…ems
               that
               Mr.
               Prynne
               in
               p.
               74.
               and
               77.
               saith
               
                 both
                 Houses
                 that
                 year
                 having
                 presented
                 a
                 Petition
                 to
                 that
                 Prince
                 wherein
                 they
                 took
                 notice
                 that
                 his
                 Majesty
                 had
                 in
                 his
                 Princely
                 Wisdom
                 taken
                 order
                 that
                 none
                 of
                 his
                 natural
                 born
                 Subjects
                 not
                 professing
                 the
                 true
                 Religion
                 and
                 by
                 Law
                 establish'd
                 ,
                 shall
                 be
                 admitted
                 into
                 the
                 Service
                 of
                 his
                 Royal
                 Co●…sort
                 ,
                 and
                 having
                 further
                 desired
                 that
                 his
                 Majesty
                 would
                 be
                 pleas'd
                 to
                 remove
                 from
                 all
                 Places
                 of
                 Authority
                 all
                 such
                 Persons
                 ,
                 as
                 are
                 either
                 Popish
                 Recusants
                 ,
                 or
                 according
                 to
                 direction
                 of
                 former
                 Acts
                 of
                 State
                 to
                 be
                 justly
                 suspected
                 ,
              
               and
               
                 that
                 his
                 Majesty
              
               said
               
                 he
                 would
                 give
                 order
                 for
                 it
                 ,
                 yet
                 that
                 that
                 Parliament
                 being
                 unhappily
                 dissolv'd
                 in
                 discontent
                 ,
                 his
                 Majesty
              
               thought
               not
               fit
               to
               shew
               such
               severity
               to
               Recusants
               as
               he
               intended
               .
               And
               in
               p.
               76.
               
               Mr.
               Prynne
               had
               mentioned
               that
               Sir
               
                 Iohn
                 Winter
              
               ,
               Mr.
               
                 Walter
                 Mountague
              
               ,
               Sir
               
                 Maurice
                 Drummond
              
               ,
               and
               
                 other
                 Papists
                 ,
                 were
                 admitted
                 in
                 her
                 Majesty's
                 Service
                 .
              
               But
               by
               what
               appears
               from
               Mr.
               Prynne
               in
               p.
               80.
               in
               the
               following
               Parliament
               in
               the
               Second
               year
               of
               that
               
                 King
                 ,
                 the
                 House
                 of
                 Commons
                 took
                 divers
                 Examinations
                 concerning
                 Recusants
                 that
                 were
                 in
                 Office
                 ,
                 and
                 at
                 last
                 agreed
                 on
                 a
                 Petition
                 against
                 Recusants
                 in
                 Office
                 ,
                 and
                 to
                 present
                 their
                 Names
                 therewith
                 to
                 the
                 King
                 to
                 the
                 end
                 they
                 might
                 be
                 removed
                 :
              
               and
               He
               then
               saith
               ,
               that
               Martis
               6.
               
               Iunii
               2.
               
               
                 Car.
                 Regis
                 .
                 The
                 Petition
                 against
                 Recusants
                 in
                 Authority
                 was
                 engrossed
                 ,
                 read
                 and
                 allow'd
                 to
                 be
                 presented
                 to
                 his
                 Majesty
                 ,
                 and
                 this
                 to
                 be
                 done
                 by
                 the
                 Privy-Councel
                 of
                 the
                 House
                 ,
                 and
                 Sir
              
               John
               F●…llerton
               ,
               
                 which
                 was
                 done
                 accordingly
                 :
                 but
                 with
                 what
                 real
                 success
                 ,
                 I
                 can
                 give
                 no
                 exact
                 account
                 .
              
            
             
               But
               that
               the
               disabling
               and
               other
               Laws
               against
               the
               Papists
               had
               been
               dispens'd
               with
               by
               the
               
                 Royal
                 Martyr
              
               as
               well
               as
               his
               Father
               ,
               any
               one
               will
               conclude
               who
               reads
               what
               there
               followeth
               ,
               
                 viz.
                 In
                 this
                 Parliament
                 these
                 ensuing
                 Articles
                 against
                 Popish
                 Recusants
                 were
                 Consulted
                 of
                 in
                 the
                 House
                 of
                 Commons
                 ,
                 with
                 an
                 Intent
                 to
                 draw
                 them
                 into
                 an
                 Act
                 ;
                 and
                 of
                 which
              
               the
               9th
               is
               ,
               
                 No
                 Recusant
                 to
                 bear
                 Office
                 of
                 Iustice
                 of
                 Peace
                 or
                 otherwise
                 ,
                 or
                 any
                 man
                 whose
                 Wife
                 shall
                 be
                 a
                 Recusant
                 ,
                 or
                 practice
                 Law
                 ,
                 Common
                 ,
                 or
                 Civil
                 ,
                 or
                 Physick
                 ,
                 nor
                 have
                 Command
                 in
                 War
                 ,
              
               &c.
               
               And
               I
               should
               first
               have
               told
               you
               that
               the
               Third
               was
               ,
               
                 A
                 New
                 Oath
                 with
                 more
                 Additions
                 to
                 be
                 taken
                 concerning
                 the
                 Supremacy
                 .
              
            
          
           
             
               A.
               
            
             
               Good
               God!
               
                 A
                 new
                 Oath
                 with
                 more
                 Additions
                 about
                 the
                 Supremacy
                 !
              
            
          
           
             
               B.
               
            
             
               You
               may
               suppose
               it
               would
               have
               been
               seemingly
               a
               New
               Oath
               by
               that
               
               Parliament's
               approving
               all
               the
               Authentick
               Regal
               Interpretations
               of
               the
               old
               one
               ,
               as
               Queen
               
               Elizabeth's
               Interpretation
               was
               approved
               by
               her
               Parliament
               .
            
             
               But
               you
               may
               here
               observe
               ,
               that
               tho
               the
               Disabling
               and
               other
               Penal
               Laws
               were
               by
               this
               Pious
               Prince
               tacitly
               and
               often
               dispens'd
               with
               ,
               and
               the
               time
               of
               the
               doing
               of
               it
               caus'd
               some
               temporary
               ferments
               to
               arise
               in
               the
               Minds
               of
               his
               Subjects
               in
               Parliament
               ,
               yet
               their
               animosities
               have
               soon
               tacitly
               evaporated
               ,
               and
               the
               Regal
               Power
               of
               Dispensing
               then
               came
               to
               no
               question
               .
               The
               Puritan
               Dissenters
               and
               scruplers
               of
               Ceremonies
               ,
               knew
               they
               wanted
               the
               benefit
               of
               that
               Power
               as
               well
               as
               the
               Papists
               :
               and
               the
               exercise
               of
               that
               Power
               was
               in
               the
               Petition
               of
               both
               Houses
               before
               mention'd
               implored
               as
               to
               the
               disabled
               or
               silenced
               Ministers
               .
               And
               therefore
               you
               will
               not
               wonder
               at
               it
               when
               I
               tell
               you
               
               that
               during
               all
               the
               great
               Patriotly
               efforts
               that
               were
               made
               for
               the
               removing
               all
               Grievances
               by
               the
               Petition
               of
               Right
               ,
               there
               was
               no
               offence
               taken
               at
               the
               Right
               of
               the
               Dispensative
               Power
               .
            
          
           
             
               A.
               
            
             
               I
               thank
               you
               for
               that
               observation
               .
            
          
           
             
               B.
               
            
             
               The
               thought
               is
               too
               obvious
               to
               deserve
               thanks
               :
               and
               I
               assure
               you
               it
               is
               a
               kind
               of
               Proverbial
               Saying
               in
               the
               Canon
               Law
               ,
               that
               
                 Dispensationum
                 modus
                 nulli
                 Sapientum
                 displicuit
              
               .
            
             
               But
               even
               in
               the
               Conjuncture
               of
               the
               
                 Petition
                 of
                 Right
              
               ,
               to
               shew
               you
               that
               the
               Dispensative
               Power
               did
               not
               in
               the
               least
               contribute
               to
               the
               ferment
               ,
               I
               shall
               let
               you
               see
               out
               of
               Rushworth
               how
               Mr.
               Glanvile
               (
               who
               made
               so
               great
               a
               figure
               of
               a
               Patriot
               then
               in
               Parliament
               )
               did
               with
               the
               greatest
               popular
               applause
               appear
               as
               an
               Assertor
               of
               that
               Power
               ,
               and
               when
               in
               his
               Speech
               in
               a
               full
               Committee
               of
               both
               
                 Houses
                 (
                 May
              
               23.
               
               A.
               1628.
               )
               he
               
                 inter
                 alia
              
               said
               ,
               
                 There
                 is
                 a
                 Trust
                 inseparably
                 reposed
                 in
                 the
                 Persons
                 of
                 the
                 Kings
                 of
              
               England
               ;
               
                 but
                 that
                 Trust
                 is
                 regulated
                 by
                 Law
                 :
                 For
                 example
                 ,
                 when
                 Statutes
                 are
                 made
                 to
                 Prohibit
                 things
                 not
              
               mala
               in
               se
               ,
               
                 but
                 only
              
               mala
               quia
               Prohibita
               ,
               
                 under
                 certain
                 Forfeitures
                 and
                 Penalties
                 to
                 accrue
                 to
                 the
                 King
                 and
                 to
                 the
                 Informers
                 that
                 shall
                 sue
                 for
                 the
                 breach
                 of
                 them
                 ,
                 the
                 Commons
                 must
                 and
                 ever
                 will
                 acknowledge
                 a
                 Regal
                 and
                 Soveraign
                 Prerogative
                 in
                 the
                 King
                 touching
                 such
                 Statutes
                 ,
                 that
                 it
                 is
                 in
                 his
                 Majesty's
                 absolute
                 and
                 undoubted
                 Power
                 to
                 grant
                 Dispensations
                 to
                 particular
                 Persons
                 ,
                 with
                 the
                 Clauses
                 of
              
               Non-obstante
               
                 to
                 do
                 as
                 they
                 might
                 have
                 done
                 before
                 those
                 Statutes
                 ,
                 wherein
                 his
                 Majesty
                 conferring
                 Grace
                 and
                 Favour
                 upon
                 some
                 ,
                 doth
                 not
                 do
                 wrong
                 to
                 others
                 .
                 But
                 there
                 is
                 a
                 difference
                 between
                 those
                 Statutes
                 and
                 the
                 Laws
                 and
                 Statutes
                 whereon
                 the
                 Petition
                 is
                 grounded
                 .
                 By
                 those
                 Statutes
                 the
                 Subject
                 hath
                 no
                 interest
                 in
                 the
                 Penalties
                 which
                 are
                 all
                 the
                 fruit
                 such
                 Statutes
                 can
                 produce
                 ,
                 until
                 by
                 Sute
                 or
                 Information
                 he
                 become
                 entituled
                 to
                 the
                 particular
                 Forfeitures
                 ;
                 whereas
                 the
                 Laws
                 and
                 Statutes
                 mention'd
                 in
                 our
                 Petition
                 are
                 of
                 another
                 Nature
                 .
                 There
                 shall
                 your
                 Lordships
                 find
                 us
                 to
                 rely
                 upon
                 the
                 good
                 old
                 Statute
                 called
              
               Magna
               Charta
               ,
               
                 which
                 declareth
                 and
                 confirmeth
                 the
                 ancient
                 Common
                 Laws
                 of
                 the
                 Liberties
                 of
              
               England
               :
               and
               there
               he
               speaks
               afterward
               of
               
                 other
                 Statute
                 Laws
                 not
                 inflicting
                 Penalties
                 upon
                 Offenders
              
               in
               malis
               prohibitis
               ,
               
                 but
                 Laws
                 declarative
                 or
                 positive
                 ,
                 conferring
                 or
                 confirming
              
               ipso
               facto
               
                 an
                 inherent
                 Right
                 and
                 Interest
                 of
                 liberty
                 and
                 freedom
                 in
                 the
                 Subjects
                 of
                 this
                 Realm
                 ,
                 as
                 their
                 Birth-rights
                 and
                 Inheritances
                 descendable
                 to
                 their
                 Heirs
                 and
                 Posterities
                 ,
                 the
                 Statutes
                 incorporate
                 into
                 the
                 Body
                 of
                 the
                 Common
                 Law
                 ;
                 over
                 which
                 (
                 with
                 reverence
                 be
                 it
                 spoken
                 )
                 there
                 is
                 no
                 Trust
                 reposed
                 in
                 the
                 King
                 's
                 Soveraign
                 Power
                 or
                 Prerogative
                 Royal
                 to
                 enable
                 him
                 to
                 dispense
                 with
                 them
                 ,
                 or
                 to
                 take
                 from
                 his
                 Subjects
                 the
                 Birthright
                 which
                 they
                 have
                 in
                 their
                 Liberties
                 ,
                 by
                 virtue
                 of
                 the
                 Common
                 Law.
                 
              
            
             
               So
               then
               according
               to
               the
               sense
               of
               this
               loyal
               Patriot
               ,
               if
               the
               King
               shall
               by
               his
               Prerogative
               dispense
               with
               the
               Disabilities
               or
               Premunires
               or
               other
               Penalties
               incurr'd
               by
               Popish
               Recusants
               pursuant
               to
               any
               Statutes
               ;
               as
               for
               example
               ,
               those
               of
               Queen
               Elizabeth
               or
               King
               Iames
               ,
               and
               even
               that
               of
               3
               o
               Iac.
               c.
               5.
               
                 whereby
                 Convicted
                 Recusants
                 are
                 disabled
                 from
                 Military
                 Offices
                 ,
                 and
                 Offices
                 in
                 the
                 Navy
                 ,
                 and
                 in
                 the
                 Law
                 ,
                 and
                 f●…m
                 the
                 Practice
                 of
                 Physick
                 ,
                 and
                 any
                 publick
                 Office
                 and
                 Charge
                 in
                 the
                 Commonwealth
                 ,
              
               or
               the
               Test-Act
               25
               o
               Car.
               2.
               
               No
               question
               is
               to
               be
               made
               of
               the
               King
               's
               
                 absolute
                 and
                 undoubted
                 Power
                 of
                 dispensing
                 with
                 particular
                 persons
                 in
                 such
                 a
                 Case
                 .
              
            
             
               And
               during
               the
               ferment
               about
               
                 the
                 Laws
                 and
                 Statutes
              
               whereon
               the
               
                 Petition
                 of
                 Right
              
               was
               founded
               (
               and
               which
               
                 were
                 of
                 another
                 Nature
              
               ,
               as
               Mr.
               
               Glanvile's
               words
               are
               )
               you
               will
               not
               forget
               that
               there
               was
               a
               tenderness
               for
               Prerogative
               avow'd
               by
               
                 both
                 Houses
              
               ,
               while
               you
               remember
               those
               words
               of
               the
               
                 Royal
                 Martyr
              
               in
               his
               Speech
               at
               the
               Prorogation
               of
               the
               Parliament
               the
               20th
               of
               October
               ,
               A.
               1628.
               viz.
               
                 That
                 the
                 Profession
                 of
                 both
                 Houses
                 at
                 the
                 time
                 of
                 hammering
              
               
               
                 the
                 P●…tition
                 of
                 Right
                 was
                 no
                 way
                 to
                 entrench
                 upon
                 his
                 Prer●…gative
              
               ;
               and
               their
               saying
               
                 that
                 they
                 had
                 neither
                 intention
                 no●…
                 power
                 to
                 hurt
                 it
                 ,
              
               &c.
               
            
             
               You
               may
               too
               call
               to
               mind
               that
               as
               during
               the
               f●…rment
               that
               the
               suspending
               the
               Penal
               Laws
               by
               His
               late
               Majesty's
               Declaration
               of
               
                 Indulgence
                 ▪
              
               his
               Power
               of
               Dispensing
               in
               them
               came
               not
               in
               question
               ,
               so
               the
               heat
               about
               his
               Preregative
               to
               SUSPEND
               them
               was
               soon
               over
               .
            
             
               The
               Opinion
               of
               that
               loyal
               Patriot
               and
               learned
               and
               upright
               Iustitiary
               Sir
               
                 William
                 Ellis
              
               deliver'd
               in
               his
               Argument
               about
               Thomas
               and
               Sorrells
               Case
               I
               told
               you
               of
               namely
               that
               
                 the
                 King
                 may
                 SUSPEND
                 an
                 Act
                 of
                 Parliament
                 till
                 next
                 Session
              
               (
               which
               was
               a
               fl●…ght
               beyond
               what
               was
               moved
               for
               or
               adjudged
               in
               the
               late
               Case
               of
               G●…dden
               and
               Hales
               )
               did
               never
               meet
               with
               any
               angry
               reflection
               (
               that
               I
               have
               heard
               of
               )
               from
               any
               Person
               either
               of
               the
               People
               diffusive
               or
               representative
               ,
               tho
               yet
               that
               Argument
               of
               his
               containing
               such
               Opinion
               was
               both
               after
               the
               Votes
               of
               the
               House
               of
               Commons
               about
               the
               illegality
               of
               the
               suspending
               of
               Penal
               Laws
               in
               Matters
               Eccle●…iastical
               otherwise
               then
               by
               Act
               of
               Parliament
               ,
               and
               after
               the
               Act
               for
               the
               Test.
               
            
             
               And
               how
               near
               the
               Prerogative
               of
               Dispensing
               as
               allow'd
               by
               my
               Lord
               Chief
               Justice
               Vaughan
               in
               his
               Argument
               in
               Thomas
               and
               
               Sorrell's
               Case
               ,
               (
               and
               who
               argued
               after
               Sir
               
                 W.
                 Ellis
              
               )
               came
               up
               to
               SUSPENDING
               ,
               you
               may
               see
               there
               by
               what
               he
               saith
               ,
               p.
               347
               ▪
               
                 Where
                 the
                 King
                 can
                 dispense
                 with
                 particular
                 Persons
                 ,
                 he
                 is
                 not
                 confined
                 to
                 number
                 or
                 place
                 ,
                 but
                 may
                 Lice●…s
                 ,
                 as
                 many
                 ,
                 and
                 in
                 such
                 Places
                 as
                 he
                 thinks
                 fit
                 .
              
            
             
               But
               further
               to
               shew
               you
               to
               how
               quiet
               and
               temperate
               a
               State
               that
               ferment
               of
               the
               Prince's
               suspending
               all
               the
               Religionary
               Penal
               Laws
               without
               an
               Act
               of
               Parliament
               was
               grown
               ,
               I
               shall
               let
               you
               see
               that
               several
               years
               after
               the
               late
               King's
               
                 Declaration
                 of
                 Indulgence
              
               and
               the
               Act
               for
               the
               Test
               ,
               the
               late
               Earl
               of
               S●…aftsbury
               appear'd
               in
               Print
               as
               owning
               the
               legality
               of
               the
               King's
               Prer●…gative
               in
               that
               kind
               ,
               and
               without
               his
               Lordship's
               being
               in
               the
               least
               censured
               for
               it
               by
               any
               of
               that
               num●…rous
               Party
               he
               was
               then
               the
               Head
               of
               .
            
             
               And
               here
               I
               am
               to
               tell
               you
               ,
               that
               in
               a
               Book
               call'd
               
                 A
                 Letter
                 from
                 a
                 Person
                 of
                 Quality
                 to
                 his
                 Friend
                 in
                 the
                 Country
                 ,
              
               Printed
               in
               the
               year
               1675.
               the
               Earl
               of
               Shaftsbury
               is
               by
               Mr.
               Marvell
               the
               supposed
               Author
               of
               the
               Book
               ,
               introduced
               as
               owning
               that
               
                 the
                 Power
                 of
                 the
                 King's
                 Supremacy
              
               (
               meaning
               in
               Matters
               Ecclesiastical
               )
               
                 was
                 of
                 another
                 Nature
                 then
                 that
                 he
                 had
                 in
                 Civils
                 ,
                 and
                 had
                 been
                 exercised
                 without
                 exception
                 in
                 this
                 very
                 Case
                 (
                 i.
                 e.
              
               as
               in
               the
               Declaration
               of
               Indulgence
               )
               
                 by
                 his
                 Father
                 ,
                 Grandfather
                 ,
                 and
                 Queen
              
               Elizabeth
               ,
               
                 under
                 the
                 Great
                 Seal
                 to
                 foreign
                 Protestants
                 become
                 Subjects
                 of
              
               England
               ,
               &c.
               
            
          
           
             
               A.
               
            
             
               Did
               the
               Earl
               of
               Shaftsbury
               then
               in
               the
               year
               1675.
               own
               the
               Prerogative
               of
               suspending
               Penal
               Laws
               in
               Matters
               Ecclesiastical
               when
               the
               King
               had
               long
               before
               quitted
               it
               ,
               and
               when
               his
               Lordship
               was
               Embarqued
               with
               those
               Men
               to
               whom
               nothing
               could
               once
               seem
               more
               unpopular
               then
               the
               owning
               of
               any
               such
               Prerogative
               ?
            
          
           
             
               B.
               
            
             
               I
               refer
               you
               to
               the
               Book
               it self
               ,
               and
               where
               you
               will
               see
               that
               that
               Great
               Statesman
               did
               then
               assert
               the
               extent
               of
               Prerogative
               in
               that
               Point
               ,
               with
               as
               much
               strength
               of
               Wit
               and
               Reason
               ,
               as
               if
               he
               had
               been
               then
               fitting
               at
               the
               
                 Helm
                 of
                 State
              
               :
               and
               where
               he
               further
               shews
               
                 the
                 Necessity
                 of
                 a
                 standing
                 Supreme
                 executive
                 Power
                 to
                 mitigate
                 or
                 wholy
                 to
                 SUSPEND
                 the
                 execution
                 of
                 any
                 Penal
                 Laws
                 ,
              
               &c.
               
               But
               I
               shall
               best
               entertain
               you
               with
               his
               Lordship
               's
               own
               words
               as
               so
               great
               a
               Narrator
               as
               Mr.
               Marvell
               relates
               them
               ,
               and
               who
               (
               as
               he
               saith
               )
               telling
               his
               Lordship
               that
               
                 the
                 Declaration
                 of
                 Indulgence
                 assumed
                 a
                 Power
                 to
                 repeal
                 and
                 SUSPEND
                 all
                 our
                 Laws
                 ,
                 his
                 Lordship
                 ●…eplyed
                 ,
                 that
                 he
                 wonder'd
                 at
                 his
                 Objection
                 ,
                 there
                 being
                 not
                 one
                 of
                 these
                 in
                 the
                 Case
                 .
                 For
                 the
                 King
                 assumed
                 no
                 Power
                 of
                 repealing
                 Laws
                 ,
                 or
                 suspending
                 them
                 contrary
                 to
                 the
                 will
                 of
                 his
                 Parliament
                 ,
                 or
                 People
                 ;
                 and
                 not
                 to
                 argue
                 with
                 me
                 at
                 that
                 time
                 the
                 Power
                 of
              
               
               
                 the
                 King's
                 Supremacy
                 ,
                 which
                 was
                 of
                 another
                 Nature
                 then
                 that
                 he
                 had
                 in
                 Civils
                 ,
                 and
                 had
                 been
                 exercised
                 without
                 exception
                 in
                 this
                 very
                 Case
                 by
                 his
                 Father
                 ,
                 Grandfather
                 ,
                 and
                 Queen
              
               Elizabeth
               ,
               
                 under
                 the
                 Great
                 Seal
                 to
                 foreign
                 Protestants
                 become
                 Subjects
                 of
              
               England
               ,
               
                 nor
                 to
                 instance
                 in
                 the
                 SUSPENDING
                 the
                 execution
                 of
                 the
                 two
                 Acts
                 of
                 Navigation
                 ,
                 and
                 Trade
                 during
                 both
                 this
                 and
                 the
                 last
              
               Dutch
               
                 War
                 ,
                 in
                 the
                 same
                 words
                 and
                 upon
                 the
                 same
                 necessity
                 ,
                 and
                 as
                 yet
                 without
                 clamour
                 that
                 ever
                 we
                 heard
                 .
                 But
                 to
                 pass
                 by
                 all
                 that
                 ,
                 this
                 is
                 certain
                 ,
                 a
                 Government
                 could
                 not
                 be
                 supposed
                 whether
                 Monarchical
                 ,
                 or
                 other
                 of
                 any
                 sort
                 ,
                 without
                 a
                 standing
                 Supreme
                 executive
                 Power
                 fully
                 enabled
                 to
                 mitigate
                 ,
                 or
                 WHOLT
                 to
                 SUSPEND
                 the
                 execution
                 of
                 any
                 Penal
                 Law
                 in
                 the
                 intervals
                 of
                 the
                 Legislative
                 Power
                 :
                 which
                 when
                 assembled
                 there
                 was
                 no
                 doubt
                 ,
                 but
                 wherever
                 there
                 lies
                 a
                 Negative
                 in
                 passing
                 of
                 a
                 Law
                 ,
                 there
                 the
                 Address
                 or
                 sense
                 known
                 of
                 either
                 of
                 them
                 to
                 the
                 Contrary
                 (
                 as
                 for
                 instance
                 of
                 either
                 of
                 our
                 two
                 Houses
                 of
                 Parliament
                 in
              
               England
               )
               
                 ought
                 to
                 determine
                 that
                 Indulgence
                 ,
                 and
                 restore
                 the
                 Law
                 to
                 its
                 full
                 execution
                 .
                 For
                 without
                 this
                 the
                 Laws
                 were
                 to
                 no
                 purpose
                 made
                 ,
                 if
                 the
                 Prince
                 could
                 annul
                 them
                 at
                 pleasure
                 ,
                 and
                 so
                 on
                 the
                 other
                 hand
                 without
                 a
                 Power
                 always
                 in
                 being
                 of
                 dispensing
                 on
                 occasion
                 ,
                 was
                 to
                 suppose
                 a
                 Constitution
                 extremely
                 imperfect
                 ,
                 and
                 impracticable
                 ,
                 and
                 to
                 Cure
                 those
                 with
                 a
                 Legislative
                 Power
                 always
                 in
                 being
                 ,
                 is
                 when
                 consider'd
                 no
                 other
                 then
                 a
                 perfect
                 Tyranny
                 .
              
            
          
           
             
               A.
               
            
             
               I
               find
               that
               his
               Lordship
               doth
               not
               in
               the
               least
               distinguish
               between
               the
               Right
               of
               Prerogative
               in
               suspending
               the
               Disabling
               or
               incapacitating
               Penal
               Laws
               ,
               and
               others
               .
               And
               he
               by
               giving
               the
               Power
               of
               suspending
               all
               the
               Penal
               Laws
               to
               the
               Prince
               
                 during
                 the
                 Intervals
                 of
                 Parliament
              
               ,
               and
               till
               an
               Address
               should
               be
               thence
               made
               to
               the
               Prince
               to
               revoke
               such
               suspension
               ,
               hath
               given
               his
               Prince
               this
               Power
               in
               effect
               during
               life
               .
               For
               't
               is
               obvious
               to
               consider
               by
               how
               many
               accidents
               a
               suspension
               of
               Penal
               Laws
               revocable
               on
               an
               Address
               from
               the
               Parliament
               ,
               may
               happen
               to
               be
               not
               so
               revoked
               .
            
          
           
             
               B.
               
            
             
               You
               say
               right
               .
               The
               King
               may
               thus
               according
               to
               his
               Lordship's
               Opinion
               suspend
               all
               Penal
               Disabilities
               as
               well
               as
               other
               Penalties
               incurr'd
               by
               Acts
               of
               Parliament
               ,
               and
               particularly
               by
               the
               Test-Act
               of
               25
               o
               Car.
               2.
               and
               hereby
               to
               the
               Great
               figure
               he
               made
               in
               the
               framing
               of
               that
               Act
               ,
               any
               who
               are
               displeas'd
               with
               the
               Act
               ,
               may
               apply
               the
               
                 Una
                 eademque
                 manus
              
               ,
               &c.
               
            
          
           
             
               A.
               
            
             
               But
               I
               suppose
               his
               Lordship
               there
               has
               nothing
               that
               may
               favour
               the
               repealing
               of
               the
               Test
               ,
               or
               any
               of
               the
               Penal
               Laws
               against
               the
               Papists
               .
            
          
           
             
               B.
               
            
             
               None
               would
               expect
               from
               him
               anything
               to
               be
               moved
               for
               the
               repealing
               of
               the
               Test
               ;
               however
               he
               allow'd
               Prerogative
               to
               suspend
               it
               .
               But
               at
               that
               time
               that
               all
               People
               of
               narrow
               Souls
               and
               ignoble
               Thoughts
               were
               with
               so
               much
               clamour
               hunting
               down
               all
               Roman-Catholicks
               without
               distinction
               ,
               and
               when
               the
               most
               devout
               among
               them
               by
               being
               (
               as
               it
               were
               )
               
                 ad
                 bestias
                 damnati
              
               and
               devoured
               by
               Informers
               ,
               appear'd
               as
               a
               spectacle
               of
               delight
               to
               many
               inhumane
               Protestants
               ,
               his
               Lordship's
               humanity
               was
               so
               great
               as
               to
               incline
               him
               in
               p.
               6.
               there
               to
               give
               them
               somewhat
               like
               a
               Quietus
               from
               all
               Pecuniary
               Laws
               .
               And
               the
               truth
               is
               when
               I
               consider
               how
               little
               Wool
               the
               fleecing
               of
               
                 Roman
                 Catholicks
              
               and
               Quakers
               or
               any
               Heterodox
               Religionaries
               at
               home
               or
               abroad
               hath
               brought
               to
               the
               Exchequer
               of
               any
               Prince
               or
               State
               ,
               and
               only
               to
               Informers
               ,
               and
               that
               the
               Consciences
               of
               peaceable
               Men
               have
               been
               burden'd
               by
               Men
               of
               no
               Conscience
               ,
               and
               by
               the
               
                 turba
                 gravis
                 paci
              
               who
               are
               indeed
               burthens
               of
               the
               Earth
               ,
               I
               tremble
               to
               think
               what
               occasion
               may
               have
               been
               taken
               by
               Male-contents
               to
               say
               in
               their
               Hearts
               as
               to
               any
               such
               Prince
               or
               State
               ,
               according
               to
               those
               words
               of
               the
               Psalmist
               ,
               
                 Thou
                 sellest
                 thy
                 People
                 for
                 nought
                 ,
                 and
                 dost
                 not
                 encrease
                 thy
                 Wealth
                 by
                 their
                 Price
                 ,
              
               or
               
                 and
                 takest
                 no
                 Money
                 for
                 them
                 .
              
               I
               shall
               at
               some
               other
               time
               of
               our
               meeting
               give
               you
               some
               account
               cut
               of
               the
               Records
               of
               the
               Exchequer
               of
               the
               inconsiderable
               Sums
               of
               Money
               ,
               
               that
               have
               for
               several
               years
               been
               brought
               to
               it
               by
               the
               severe
               Prosecutions
               of
               Roman-Catholicks
               and
               Quakers
               .
            
             
               But
               there
               is
               another
               thing
               very
               well
               worth
               your
               reading
               in
               that
               Book
               ,
               and
               which
               is
               the
               more
               proper
               for
               our
               Consideration
               as
               suiting
               some
               great
               Points
               we
               have
               been
               discoursing
               that
               concern
               our
               Oath
               ,
               and
               that
               is
               this
               ;
               H●…s
               ●…ate
               Majesty's
               Ministers
               in
               that
               year
               1675.
               having
               brought
               in
               a
               Bill
               in
               Parliament
               for
               a
               TEST
               extending
               to
               Protestants
               (
               and
               which
               as
               the
               Book
               saith
               ,
               was
               call'd
               by
               one
               of
               His
               Majesty's
               Ministers
               ,
               
                 A
                 moderate
                 Security
                 to
                 the
                 Church
                 and
                 Crown
              
               )
               you
               will
               there
               in
               p.
               15.
               see
               it
               mentioned
               how
               as
               to
               the
               Assertory
               Parts
               of
               the
               Oath
               in
               that
               
                 Test
                 ,
                 It
                 was
                 worthy
                 the
                 Consideration
                 of
                 the
                 Bishops
                 whether
                 Assertory
                 Oaths
                 which
                 were
                 properly
                 appointed
                 to
                 give
                 Testimony
                 of
                 a
                 Matter
                 of
                 Fact
                 w●…ereof
                 a
                 man
                 is
                 capable
                 to
                 be
                 fully
                 assured
                 by
                 the
                 evidence
                 of
                 his
                 Senses
                 be
                 lawfully
                 to
                 be
                 made
                 use
                 of
                 to
                 confirm
                 or
                 invalidate
                 Doc●…inal
                 Propositions
                 ,
                 and
                 whether
                 that
                 Legislative
                 Power
                 which
                 imposeth
                 such
                 an
                 Oath
                 ,
                 doth
                 not
                 necessarily
                 assume
                 to
                 it
                 seif
                 an
                 Infallibility
                 ?
                 And
                 as
                 for
                 promissory
                 Oaths
                 ,
                 it
                 was
                 desired
                 that
                 those
                 learned
                 Prelates
                 would
                 consider
                 the
                 Opinion
                 of
              
               Grotius
               De
               Jure
               Belli
               &
               Pacis
               ,
               l.
               2.
               c.
               13.
               
                 who
                 seems
                 to
                 make
                 it
                 plain
                 that
                 those
                 kind
                 of
                 Oaths
                 are
                 forbidden
                 by
                 our
                 Saviour
                 Christ
                 ,
              
               Matth.
               5.
               34
               ,
               37.
               
                 and
                 whether
                 it
                 would
                 not
                 become
                 the
                 Fathers
                 of
                 the
                 Church
                 when
                 they
                 have
                 well
                 wei●…h'd
                 that
                 and
                 other
                 places
                 of
                 the
                 New
                 Testament
                 ,
                 to
                 be
                 more
                 tender
                 in
                 multiplying
                 Oaths
                 then
                 hitherto
                 the
                 great
                 Men
                 of
                 the
                 Church
                 have
                 been
                 ?
              
               It
               is
               there
               toward
               the
               end
               of
               the
               page
               mentioned
               how
               
                 some
                 of
                 the
                 Lords
                 d●…sired
                 that
                 it
                 might
                 be
                 clearly
                 known
                 whether
                 it
                 were
                 meant
                 all
                 for
                 an
                 Oath
                 ,
                 or
                 some
                 of
                 it
                 a
                 Declaration
                 ,
                 and
                 some
                 an
                 Oath
                 ?
                 If
                 the
                 latter
                 ,
                 then
                 it
                 was
                 desired
                 it
                 might
                 be
                 distinctly
                 parted
                 ,
                 and
                 that
                 the
                 declaratory
                 part
                 should
                 be
                 subscribed
                 by
                 it self
                 and
                 not
                 sworn
                 .
                 There
                 was
                 no
                 small
                 pains
                 taken
                 by
                 the
                 Lord
                 Keeper
                 and
                 the
                 Bishops
                 to
                 prove
                 that
                 it
                 was
                 brought
                 in
                 ;
                 the
                 two
                 first
                 Parts
                 were
                 only
                 a
                 Declaration
                 ,
                 and
                 not
                 an
                 Oath
                 :
                 and
                 tho
                 it
                 was
                 reply'd
                 ,
                 that
                 to
                 declare
                 upon
                 ones
                 Oath
                 ,
                 or
                 to
                 abhor
                 upon
                 ones
                 Oath
                 ,
                 is
                 the
                 same
                 thing
                 with
                 ,
                 I
                 do
                 Swear
                 ,
                 yet
                 there
                 was
                 some
                 difficulty
                 to
                 obtain
                 the
                 dividing
                 of
                 them
                 ,
                 and
                 that
                 the
                 declaratory
                 part
                 should
                 be
                 only
                 Subscribed
                 ,
                 and
                 the
                 re●…t
                 sworn
                 to
                 .
              
            
          
           
             
               A.
               
            
             
               But
               have
               you
               mention'd
               these
               things
               ,
               as
               if
               you
               would
               incline
               me
               to
               concur
               in
               opinion
               with
               that
               Lord
               as
               to
               the
               King's
               Power
               of
               suspending
               the
               Penalties
               incurr'd
               by
               Acts
               of
               Parliament
               ,
               and
               to
               agree
               with
               the
               Measures
               of
               some
               other
               Lords
               then
               about
               Oaths
               assertory
               and
               promissory
               ,
               as
               referr'd
               to
               ?
            
          
           
             
               B.
               
            
             
               If
               I
               were
               of
               the
               same
               opinion
               about
               the
               King's
               Power
               in
               that
               Matter
               ,
               as
               that
               Lord
               and
               Sir
               
                 William
                 Ellis
              
               were
               ,
               I
               would
               however
               forbear
               troubling
               you
               with
               it
               at
               this
               time
               while
               we
               are
               considering
               the
               Obligation
               of
               our
               Oath
               of
               Supremacy
               in
               order
               to
               our
               assistance
               and
               defence
               of
               the
               Preheminence
               of
               the
               Dispensative
               Power
               .
               And
               therefore
               I
               shall
               not
               in
               the
               least
               endeavour
               to
               incline
               you
               now
               to
               imbibe
               the
               perswasion
               of
               any
               nice
               Controverted
               point
               of
               Law
               or
               Theology
               ,
               and
               wherein
               there
               seems
               
                 probab
                 lis
                 causa
                 litigandi
              
               .
               And
               if
               when
               we
               are
               parted
               ,
               you
               on
               your
               recollection
               of
               our
               Discourse
               at
               this
               or
               our
               first
               meeting
               ,
               should
               have
               the
               least
               trouble
               by
               calling
               to
               mind
               any
               thing
               I
               have
               occasionally
               mention'd
               that
               is
               matter
               of
               Controversie
               ,
               you
               may
               with
               all
               my
               heart
               put
               it
               off
               with
               a
               temporary
               transeat
               from
               your
               thoughts
               .
            
             
               But
               one
               of
               my
               aims
               in
               referring
               to
               that
               Opinion
               of
               his
               Lordship
               was
               ,
               That
               knowing
               you
               to
               be
               much
               concern'd
               for
               the
               ease
               and
               quiet
               of
               your
               Prince
               and
               Country
               ,
               I
               might
               Console
               you
               with
               an
               Instance
               of
               a
               great
               ferment
               about
               the
               Regal
               Power
               ,
               suddenly
               going
               off
               :
               and
               as
               that
               Book
               too
               shew'd
               you
               that
               another
               did
               in
               the
               Government
               that
               was
               occasion'd
               by
               the
               new
               Test-Bill
               then
               introduced
               .
            
             
             
               And
               I
               must
               tell
               you
               that
               another
               of
               my
               aims
               in
               my
               pointing
               you
               to
               his
               Lordship's
               Observation
               of
               the
               Suspensions
               of
               the
               Penal
               Statutes
               in
               the
               late
               Reigns
               ,
               was
               occasionally
               to
               direct
               you
               to
               a
               tenderness
               for
               the
               Regal
               Rights
               in
               general
               ,
               and
               for
               the
               undoubted
               Right
               of
               the
               Dispensative
               Power
               in
               Particular
               .
               The
               same
               thing
               likewise
               hath
               been
               my
               aim
               in
               the
               several
               Presidents
               I
               have
               given
               you
               of
               the
               Ecclesiastical
               Power
               by
               Queen
               
                 Elizabeth
                 ▪
              
               King
               Iames
               ,
               and
               King
               Charles
               the
               First
               exercised
               in
               suspending
               Penal
               Laws
               .
            
             
               The
               expression
               of
               tenderness
               for
               the
               Rights
               of
               our
               Princes
               hath
               been
               much
               used
               by
               the
               loyal
               Patriot'y
               Writers
               in
               the
               late
               Reigns
               :
               And
               here
               I
               shall
               
                 à
                 propos
              
               apply
               it
               ,
               as
               the
               Resuscitatio
               ,
               Part.
               1.
               p.
               37.
               mentions
               it
               as
               used
               by
               my
               Lord
               Bacon
               in
               a
               Speech
               in
               the
               House
               of
               Commons
               in
               the
               Reign
               of
               King
               Iames
               the
               First
               ,
               to
               the
               Question
               now
               before
               us
               in
               the
               Reign
               of
               King
               Iames
               the
               Second
               .
               His
               Lordships
               words
               are
               ,
               
                 Since
                 therefore
                 we
                 have
                 a
                 Prince
                 of
                 so
                 excellent
                 Wisdom
                 and
                 Moderation
                 ,
                 of
                 whose
                 Authority
                 we
                 ought
                 to
                 be
                 TENDER
                 as
                 he
                 is
                 likewise
                 of
                 our
                 Liberty
                 ,
                 let
                 us
                 enter
                 into
                 a
                 true
                 and
                 indifferent
                 Consideration
                 how
                 far
                 forth
                 the
                 Case
                 in
                 question
                 may
                 touch
                 his
                 Authority
                 ,
                 and
                 how
                 far
                 forth
                 our
                 Liberty
                 .
                 And
                 to
                 speak
                 clearly
                 ,
                 in
                 my
                 opinion
                 ,
                 it
                 concerns
                 his
                 Authority
                 much
                 ,
                 and
                 our
                 Liberty
                 nothing
                 at
                 all
                 .
              
            
             
               That
               Expression
               concerning
               tenderness
               for
               the
               Regal
               Rights
               was
               very
               acceptable
               to
               the
               House
               of
               Commons
               ,
               when
               his
               late
               Majesty
               in
               his
               Letter
               to
               them
               from
               
                 Bredagh
                 ,
                 April
              
               14.
               1660
               ,
               thus
               made
               use
               of
               it
               ,
               
                 viz.
                 We
                 have
                 not
                 the
                 least
                 doubt
                 but
                 you
                 will
                 be
                 as
                 TENDER
                 in
                 and
                 jealous
                 of
                 any
                 thing
                 that
                 may
                 infringe
                 our
                 Honour
                 and
                 Authority
                 ,
                 as
                 of
                 your
                 own
                 Liberty
                 and
                 Property
                 ,
                 which
                 is
                 best
                 preserv'd
                 by
                 preserving
                 the
                 other
                 .
              
            
             
               Remember
               therefore
               that
               your
               tenderness
               for
               Property
               is
               best
               preserv'd
               by
               your
               tenderness
               for
               the
               Regal
               Authority
               :
               and
               if
               you
               would
               have
               your
               thoughts
               adorn'd
               by
               a
               constant
               Idea
               of
               true
               English
               Loyalty
               like
               a
               noble
               Picture
               retain'd
               there
               ,
               let
               me
               direct
               you
               to
               a
               Saying
               ,
               which
               like
               an
               Original
               drawn
               by
               a
               great
               Master
               ,
               may
               be
               fit
               for
               you
               to
               Copy
               after
               ,
               viz.
               that
               Saying
               of
               the
               Lord
               Keeper
               Coventry
               in
               a
               Speech
               in
               the
               House
               of
               Lords
               ,
               viz.
               
                 Some
                 would
                 have
                 the
                 King's
                 Prerogative
                 rather
                 tall
                 then
                 great
                 ;
                 others
              
               è
               contra
               .
               
                 But
                 none
                 can
                 be
                 truly
                 loyal
                 ,
                 but
                 he
                 that
                 is
                 a
                 good
                 Patriot
                 ,
                 and
                 none
                 can
                 be
                 a
                 good
                 Patriot
                 ,
                 but
                 he
                 that
                 is
                 truly
                 loyal
                 .
              
            
             
               Nor
               need
               it
               be
               further
               insinuated
               to
               you
               ,
               that
               without
               your
               keeping
               up
               a
               tenderness
               for
               the
               Regal
               Rights
               ,
               you
               cannot
               maintain
               your
               tenderness
               for
               Oaths
               .
               And
               here
               I
               must
               take
               occasion
               to
               tell
               you
               that
               one
               of
               my
               aims
               in
               entertaining
               you
               with
               the
               Queries
               relating
               to
               Oaths
               out
               of
               that
               Book
               ,
               was
               to
               lay
               before
               your
               thoughts
               a
               tenderness
               as
               to
               Oaths
               in
               general
               ,
               both
               in
               keeping
               the
               lawful
               ones
               you
               have
               taken
               ,
               and
               in
               not
               imposing
               unlawful
               ,
               doubtful
               ,
               unnecessary
               ,
               or
               inexpedient
               ones
               on
               others
               ;
               and
               on
               such
               as
               our
               Prince
               considering
               the
               several
               Constitutions
               of
               their
               minds
               both
               as
               to
               firmness
               and
               infirmness
               ,
               hath
               thought
               fit
               to
               exempt
               from
               taking
               such
               
                 strong
                 Physick
              
               .
            
             
               Moreover
               if
               you
               will
               think
               that
               another
               of
               my
               aims
               was
               to
               mind
               you
               that
               the
               same
               Queries
               might
               have
               been
               as
               ingeniously
               and
               ingenuously
               put
               in
               the
               year
               1673.
               before
               the
               passing
               of
               the
               Test-Act
               ,
               as
               they
               were
               in
               debating
               the
               Test-Bill
               in
               the
               year
               1675
               ,
               I
               shall
               allow
               you
               so
               to
               do
               .
            
             
               You
               may
               too
               (
               if
               you
               will
               )
               here
               occasionally
               consider
               how
               soon
               God
               in
               the
               course
               of
               his
               Providence
               doth
               sometimes
               turn
               the
               Tables
               ,
               and
               make
               such
               who
               were
               lately
               so
               active
               in
               imposing
               on
               others
               Oaths
               that
               seem'd
               doubtful
               and
               oppressive
               to
               them
               ,
               to
               be
               in
               danger
               of
               suffering
               by
               the
               like
               Impositions
               .
               Mr.
               
               Burrough's
               a
               Pious
               Independent
               Divine
               (
               who
               lived
               in
               the
               late
               times
               )
               referring
               in
               his
               Irenicum
               to
               the
               Impositions
               and
               Persecution
               design'd
               by
               the
               Presbyterians
               against
               those
               of
               his
               Perswasion
               ,
               saith
               there
               ,
               but
               
               
                 the
                 Tables
                 may
                 turn
                 one
                 day
                 ,
                 wherein
                 the
                 Sufferers
                 shall
                 have
                 the
                 greatest
                 Ease
                 ,
                 and
                 the
                 Inflicters
                 the
                 sorest
                 Burthen
                 .
                 But
                 God
                 forbid
                 that
                 their
                 Brethren
                 should
                 lay
                 it
                 upon
                 them
                 ,
                 tho
                 it
                 were
                 put
                 into
                 their
                 Power
                 to
                 do
                 it
                 .
              
               And
               you
               may
               take
               notice
               that
               the
               Book
               we
               before
               spoke
               of
               ,
               owns
               the
               Activity
               of
               the
               
                 Roman-Catholick
                 Lords
              
               then
               in
               hindering
               that
               
               Test's
               being
               brought
               on
               Protestants
               :
               the
               Consideration
               whereof
               may
               (
               I
               think
               )
               justly
               incline
               all
               ,
               who
               account
               it
               their
               Happiness
               to
               have
               been
               freed
               from
               that
               design'd
               Oath
               ,
               not
               to
               grudge
               at
               the
               favour
               that
               hath
               been
               extended
               by
               the
               Di●…pensative
               Power
               to
               particular
               Roman-Catholicks
               excused
               from
               taking
               other
               Oaths
               :
               or
               at
               any
               just
               favour
               if
               ever
               happening
               to
               be
               afforded
               them
               by
               the
               Authentick
               Interpretation
               of
               what
               in
               the
               Statute-Oaths
               seems
               doubtful
               to
               them
               .
            
             
               So
               tender
               was
               the
               Government
               in
               the
               time
               of
               Edward
               the
               6th
               ,
               about
               the
               not
               making
               the
               Consciences
               of
               the
               People
               uneasie
               by
               Oaths
               ,
               that
               you
               will
               find
               it
               in
               the
               
                 Reformation
                 of
                 the
                 Ecclesiastical
                 Laws
              
               begun
               in
               Harry
               the
               
               8th's
               Reign
               ,
               and
               carry'd
               on
               in
               his
               ,
               that
               the
               
                 Magna
                 nomina
              
               who
               were
               employ'd
               to
               make
               a
               New
               Body
               of
               Laws
               ,
               did
               in
               Compassion
               to
               the
               Consciences
               of
               those
               who
               took
               the
               usual
               Promissory
               Oaths
               for
               the
               observance
               of
               the
               Statutes
               of
               Universities
               ,
               Collegiate
               Churches
               ,
               and
               such
               like
               Societies
               and
               Corporations
               ,
               order
               this
               Clause
               to
               be
               added
               to
               the
               Oaths
               ,
               viz.
               
                 Haec
                 omnibus
                 partibus
                 servabo
                 ,
                 ●…uibus
                 cum
                 sacrâ
                 Scripturâ
                 ,
                 cum
                 legibus
                 civilibus
                 ,
                 &
                 Ecclesiasticis
                 hujus
                 Regni
                 consentient
                 ,
                 &
                 quantum
                 vires
                 meae
                 patientur
                 .
              
            
             
               
                 The
                 School-men
              
               (
               saith
               one
               )
               
                 would
                 be
                 thought
                 most
                 tender
                 and
                 most
                 curious
                 in
                 the
                 point
                 of
                 Oaths
                 .
                 They
                 mince
                 them
                 out
                 so
                 fine
                 ,
                 that
                 a
                 whol●…
                 Million
                 of
                 Oaths
                 may
                 stand
                 (
                 as
                 some
                 speak
                 of
                 Angels
                 )
                 on
                 the
                 point
                 of
                 a
                 sharp
                 need●…e
                 .
              
               I
               have
               therefore
               not
               wonder'd
               at
               it
               when
               I
               have
               seen
               men
               standing
               on
               
                 this
                 sharp
                 point
              
               of
               Oaths
               ,
               so
               often
               inconsistent
               with
               themselves
               .
            
             
               Notwithstanding
               what
               I
               told
               you
               out
               of
               my
               Lord
               Coke
               ,
               that
               an
               
                 Oath
                 cannot
                 be
                 ministred
                 to
                 any
                 unless
                 the
                 same
                 be
                 allow'd
                 by
                 the
                 Common
                 Law
                 ,
                 or
                 by
                 some
                 Act
                 of
                 Parliament
                 ▪
                 neither
                 can
                 any
                 Oath
                 allow'd
                 by
                 the
                 Common
                 Law
                 or
                 by
                 Act
                 of
                 Parliament
                 ,
                 be
                 alter'd
                 ,
                 but
                 by
                 Act
                 of
                 Parliament
              
               ;
               yet
               as
               you
               know
               that
               the
               House
               of
               Commons
               in
               the
               30th
               year
               of
               Queen
               Elizabeth
               desiring
               
                 that
                 no
                 Oath
                 or
                 Subscription
                 might
                 be
                 tendred
                 to
                 any
                 at
                 their
                 entrance
                 into
                 the
                 Ministry
                 ,
                 but
                 such
                 as
                 is
                 expresly
                 prescribed
                 by
                 the
                 Statutes
                 of
                 this
                 Realm
                 ,
                 except
                 the
                 Oath
                 against
                 Corrupt
                 entring
                 ,
              
               did
               thereby
               however
               approve
               of
               the
               tendring
               of
               that
               Oath
               ,
               so
               my
               Lord
               Coke
               likewise
               ,
               Inst.
               3.
               c.
               71.
               viz.
               
                 Of
                 Simony
              
               seems
               to
               approve
               of
               that
               Oath
               ,
               in
               saying
               that
               
                 Simony
                 is
                 the
                 more
                 odious
                 ,
                 because
                 it
                 is
                 accompany'd
                 with
                 Perjury
                 ,
                 for
                 the
                 Presentee
                 ,
              
               &c.
               
                 is
                 Sworn
                 to
                 commit
                 no
                 Simony
                 ,
                 referring
                 there
                 to
              
               Lynwood
               ,
               and
               had
               before
               in
               that
               Chapter
               referr'd
               to
               Canon
               40.
               1
               
               Iacobi
               1603.
               
               
                 The
                 Oath
                 against
                 Simony
              
               .
            
             
               You
               may
               too
               remember
               what
               I
               so
               lately
               told
               you
               of
               my
               Lord
               
               Coke's
               having
               with
               some
               approbation
               ,
               or
               fair
               respect
               mention'd
               the
               Clergy's
               Oath
               of
               Canonical
               obedience
               .
            
             
               And
               I
               can
               tell
               you
               that
               I
               lately
               looking
               on
               the
               Charter
               of
               the
               
                 Corporation
                 of
                 Shipwrights
              
               ,
               granted
               by
               King
               Iames
               the
               First
               in
               the
               Tenth
               year
               of
               his
               Reign
               ,
               observed
               therein
               that
               Thomas
               Lord
               Ellesmere
               Lord
               Chancellor
               of
               England
               ,
               Sir
               
                 Thomas
                 Flemming
              
               Lord
               Chief
               Justice
               of
               England
               ,
               Sir
               
                 Edward
                 Coke
              
               Lord
               Chief
               Justice
               of
               the
               
                 Common
                 Pleas
              
               ,
               did
               pursuant
               to
               the
               Statute
               in
               the
               19th
               year
               of
               Henry
               the
               7th
               
                 allow
                 and
                 approve
              
               under
               their
               
                 Ha
                 ds
              
               and
               Seals
               divers
               
                 Articles
                 ,
                 Acts
              
               ,
               and
               Ordinances
               for
               
                 the
                 better
                 Order
                 ,
                 Rule
                 ,
                 and
                 Government
                 of
                 the
                 Art
                 or
                 Mystery
                 of
                 Shipwrights
              
               exhibited
               to
               them
               by
               the
               Corporation
               ,
               and
               did
               moreover
               o●…in
               the
               form
               of
               three
               new
               Oaths
               to
               be
               taken
               by
               the
               Officers
               and
               Freemen
               of
               that
               Corporation
               ,
               and
               did
               DISABLE
               the
               Refusers
               of
               such
               Oath
               to
               be
               Members
               of
               the
               Corporation
               .
            
             
             
               But
               I
               may
               here
               occasionally
               by
               the
               way
               tell
               you
               what
               you
               will
               find
               in
               Croke
               3d.
               Sir
               
                 Edward
                 Coke
              
               Sheriff
               of
               
               Buckingham's
               Case
               ,
               viz.
               That
               upon
               several
               Exceptions
               there
               mention'd
               as
               by
               him
               taken
               to
               the
               Oath
               tender'd
               to
               him
               as
               Sheriff
               ,
               on
               the
               account
               of
               several
               Additions
               alledged
               by
               him
               to
               be
               in
               the
               Oath
               that
               were
               not
               in
               the
               
                 Ancient
                 Oath
                 in
                 the
                 Register
                 ,
                 and
                 afterward
                 Confirm'd
                 and
                 Appointed
                 by
                 the
                 Statute
                 of
              
               18
               Edw.
               
                 the
                 Third
              
               ;
               and
               all
               the
               Iudges
               being
               Consulted
               as
               to
               the
               allowance
               of
               the
               same
               ,
               tho
               they
               allow'd
               of
               his
               first
               exception
               namely
               as
               to
               his
               
                 suppressing
                 all
                 Errors
                 and
                 Heresies
                 commonly
                 call'd
                 LOLLARIES
                 ,
                 and
                 being
                 assistant
                 to
                 Commissaries
                 and
                 Ordinaries
                 in
                 Church-matters
                 ,
              
               &c.
               and
               that
               that
               Clause
               was
               fit
               to
               be
               omitted
               out
               of
               the
               
                 Oath
                 ,
                 because
                 it
                 is
                 appointed
                 by
                 Statutes
                 that
                 are
                 repeal'd
                 ,
                 and
                 was
                 intended
                 against
                 the
                 Religion
                 now
                 Establish'd
                 ,
              
               yet
               as
               to
               his
               
                 second
                 Addition
              
               complain'd
               of
               ,
               the
               greater
               part
               of
               the
               Iudges
               were
               of
               opinion
               
                 that
                 an
                 Oath
                 in
                 this
                 Point
                 may
                 be
                 well
                 enjoyn'd
                 by
                 the
                 King
                 and
                 Order
                 of
                 State
                 without
                 Parliament
                 ,
                 and
                 that
                 it
                 may
                 well
                 be
                 imposed
                 on
                 the
                 Sheriff
                 to
                 take
                 ,
                 being
                 for
                 the
                 publick
                 Benefit
                 and
                 Execution
                 of
                 the
                 Laws
                 .
              
               And
               as
               to
               his
               Fourth
               Addition
               complain'd
               of
               ,
               namely
               ,
               
                 That
                 he
                 should
                 Cause
                 the
                 Statute
                 of
              
               Winton
               
                 and
                 the
                 Statutes
                 against
                 Rogues
                 and
                 Vagabonds
                 to
                 be
                 put
                 in
                 execution
                 ,
                 whereunto
                 he
                 excepted
                 ,
                 because
                 the
                 Statute
                 of
              
               Winton
               
                 was
                 alter'd
                 ,
                 and
                 the
                 Statutes
                 against
                 Rogues
                 and
                 Vagabonds
                 are
                 appointed
                 to
                 be
                 executed
                 by
                 the
                 Iustices
                 of
                 the
                 Peace
                 ,
                 and
                 not
                 by
                 the
                 Sheriff
                 :
              
               to
               this
               the
               Judges
               said
               ,
               that
               
                 this
                 Fourth
                 Addition
                 rests
                 on
                 the
                 former
                 reason
                 ,
                 that
                 this
                 Oath
                 being
                 appointed
                 and
                 continued
                 divers
                 years
                 by
                 direction
                 of
                 the
                 State
                 ,
                 altho
                 without
                 the
                 express
                 Authority
                 of
                 any
                 Statute
                 Law
                 ,
                 yet
                 may
                 he
                 well
                 be
                 continued
                 for
                 the
                 publick
                 benefit
                 in
                 repressing
                 such
                 Persons
                 ,
              
               &c.
               
            
          
           
             
               A.
               
            
             
               What
               a
               terrible
               thing
               was
               it
               that
               that
               Clause
               about
               
                 suppressing
                 Lollaries
              
               ,
               &c.
               should
               continue
               in
               the
               Oath
               so
               long
               after
               the
               Reformation
               :
               and
               that
               Sir
               
                 Edward
                 Coke
              
               should
               be
               the
               first
               Protestant
               Sheriff
               we
               have
               heard
               of
               whose
               Conscience
               was
               so
               delicate
               as
               to
               refuse
               to
               swallow
               that
               
                 poisonous
                 Clause
              
               ?
            
          
           
             
               B.
               
            
             
               You
               may
               too
               as
               justly
               say
               what
               a
               terrible
               thing
               
                 is
                 it
              
               that
               so
               many
               Protestants
               who
               have
               formerly
               by
               the
               frequent
               swallowing
               the
               Poison
               of
               Contradictory
               Oaths
               ,
               habituated
               themselves
               to
               the
               quiet
               concocting
               of
               all
               Oaths
               (
               as
               the
               King
               of
               Pontus
               brought
               himself
               at
               last
               to
               digest
               all
               Poisons
               )
               will
               yet
               be
               so
               ready
               to
               endeavour
               to
               compel
               the
               Consciences
               of
               others
               to
               swallow
               such
               Oaths
               that
               they
               believe
               or
               suspect
               to
               be
               poisonous
               ;
               a
               thing
               that
               hath
               probably
               tended
               to
               make
               so
               many
               among
               us
               to
               Nauseate
               the
               use
               of
               all
               Oaths
               as
               unlawful
               .
            
          
           
             
               A.
               
            
             
               Whom
               do
               you
               mean
               by
               those
               ?
            
          
           
             
               B.
               
            
             
               The
               Quakers
               .
               And
               here
               I
               shall
               freely
               tell
               you
               that
               Providence
               having
               permitted
               so
               numerous
               a
               Sect
               as
               that
               of
               the
               Quakers
               among
               us
               to
               bear
               their
               Testimony
               against
               the
               lawfulness
               of
               Oaths
               in
               general
               ,
               I
               shall
               be
               well
               content
               if
               the
               event
               of
               
                 the
                 bending
                 the
                 Crooked
                 stick
                 the
                 contrary
                 way
              
               (
               as
               my
               Lord
               
               Primate's
               Expression
               was
               )
               may
               be
               an
               universal
               tenderness
               as
               to
               Oaths
               ,
               as
               I
               just
               now
               described
               it
               ;
               and
               the
               want
               of
               which
               hath
               (
               as
               I
               shew'd
               you
               at
               our
               last
               meeting
               )
               been
               so
               scandalous
               to
               our
               Country
               ,
               and
               brought
               an
               opprobrium
               both
               on
               Protestancy
               and
               
                 Christianity
                 it self
              
               .
            
             
               
                 Alexander
                 ab
                 Alexandro
              
               ,
               l.
               5.
               tells
               us
               ,
               that
               there
               was
               no
               use
               of
               Oaths
               among
               the
               Phrygians
               .
               And
               tho
               Grotius
               saith
               in
               his
               
                 De
                 jure
                 Belli
                 &
                 Pacis
              
               ,
               that
               
                 jure
                 gentium
                 testi
                 injurato
                 non
                 creditur
                 ,
              
               yet
               it
               was
               by
               Polybius
               observ'd
               that
               in
               the
               better
               and
               simpler
               Ages
               of
               the
               World
               Oaths
               were
               seldom
               used
               in
               Iudicatures
               .
               The
               Athenians
               would
               not
               suffer
               Xenocrates
               a
               Person
               of
               known
               Probity
               to
               take
               his
               Oath
               at
               the
               Altar
               ,
               as
               a
               thing
               below
               his
               reputation
               .
               Gellius
               ,
               l.
               10.
               c.
               15.
               saith
               ,
               
                 Verba
                 Proetoris
                 ex
                 edicto
                 perpetuo
              
               
               
                 de
                 Flamine
                 Di●…li
                 &
                 de
                 Sacerdote
                 Vestoe
                 adscripsi
                 .
                 Sacerdotem
                 Vestalem
                 ,
                 &
                 Plaminem
                 Dial●…m
                 in
                 omni
                 meâ
                 jurisdictione
                 jurare
                 non
                 cogam
                 .
              
               And
               Livy
               hath
               it
               ,
               that
               
                 among
                 the
              
               Romans
               the
               Flamen
               Dialis
               
                 was
                 not
                 in
                 any
                 case
                 allow'd
                 to
                 swear
                 ,
                 least
                 at
                 any
                 time
                 he
                 should
                 forswear
                 ,
                 which
                 in
                 him
                 was
                 held
                 as
                 the
                 most
                 hainous
                 thing
                 .
              
               I
               have
               too
               somewhere
               read
               Plutarch
               cited
               for
               justifying
               to
               this
               purpose
               the
               reasonableness
               of
               their
               not
               swearing
               ;
               
                 for
                 that
                 an
                 Oath
                 was
                 a
                 kind
                 of
                 torture
                 to
                 a
                 free
                 man
                 :
                 and
                 that
                 it
                 was
                 absurd
                 not
                 to
                 credit
                 their
                 words
                 :
                 and
                 for
                 that
                 an
                 Oath
                 draws
                 after
                 it
                 an
                 Imprecation
                 or
                 Curse
                 in
                 Case
                 they
                 should
                 be
                 forsworn
                 ,
                 which
                 seems
                 to
                 be
                 a
                 detestable
                 omination
                 toward
                 the
                 Priests
                 of
                 God.
                 
              
            
             
               Iosephus
               relates
               it
               ,
               that
               the
               Essenes
               Word
               was
               as
               sure
               as
               an
               Oath
               .
               So
               great
               likewise
               was
               the
               reputation
               of
               the
               Christians
               in
               the
               Ancient
               times
               for
               truth
               in
               Matters
               asserted
               or
               promised
               by
               them
               ,
               that
               the
               Saying
               of
               
                 Christianus
                 sum
              
               did
               frequently
               pass
               currant
               for
               the
               
                 Cautio
                 Iuratoria
              
               .
               And
               I
               shall
               always
               with
               reverence
               think
               of
               
               Bellarmine's
               Tutissimum
               ,
               and
               of
               S.
               
               Austin's
               
                 Nullum
                 Iuramentum
                 tutum
              
               .
            
             
               A
               late
               ingenious
               Writer
               apply'd
               to
               the
               Clergy's
               obtaining
               Canons
               for
               their
               not
               Marrying
               ,
               the
               Observation
               
                 that
                 they
                 always
                 knew
                 what
                 was
                 good
                 for
                 themselves
              
               ;
               but
               I
               shall
               think
               it
               more
               applicable
               to
               what
               I
               read
               of
               in
               the
               Book
               of
               Mr.
               Ley
               beforementioned
               ,
               p.
               112.
               that
               
                 as
                 S.
              
               Basil
               
                 was
                 very
                 zealous
                 in
                 behalf
                 of
                 Bishops
                 that
                 they
                 might
                 not
                 be
                 put
                 to
                 swear
                 in
                 respect
                 of
                 the
                 Peril
                 of
                 an
                 Oath
                 ,
                 so
                 he
                 prevail'd
                 so
                 far
                 as
                 to
                 free
                 them
                 from
                 that
                 Peril
                 :
                 and
                 that
                 the
                 Council
                 of
              
               Challons
               ,
               Can.
               18.
               
                 was
                 thus
                 favorable
                 to
                 Presbyters
                 :
                 and
                 that
                 the
              
               Triburiensian
               
                 Council
                 favour'd
                 them
                 with
                 this
                 Constitution
                 ,
                 that
                 a
                 Presbyter
                 should
                 not
                 be
                 compell'd
                 to
                 swear
                 ,
                 but
                 instead
                 of
                 an
                 Oath
                 ,
                 he
                 should
                 be
                 question'd
                 upon
                 his
              
               Holy
               Consecration
               in
               verbo
               sacerdotis
               :
               
                 because
                 (
                 as
                 the
                 reason
                 is
                 there
                 rendred
                 )
                 Our
                 Lord
                 forbad
                 his
                 Disciples
                 to
                 Swear
                 .
              
            
             
               And
               I
               shall
               tell
               you
               ,
               that
               if
               you
               will
               allow
               Lawyers
               to
               know
               what
               is
               good
               for
               themselves
               ,
               you
               will
               find
               them
               of
               all
               sorts
               of
               men
               to
               have
               the
               greatest
               aversion
               against
               being
               Witnesses
               .
            
             
               The
               Iesuites
               too
               ,
               who
               are
               by
               all
               reputed
               
                 wise
                 in
                 their
                 Generation
              
               ,
               are
               by
               Dr.
               Donne
               in
               his
               Pseudo-Martyr
               ,
               p.
               350.
               referred
               to
               as
               having
               so
               extraordinary
               an
               aversion
               against
               Oaths
               ,
               that
               he
               cites
               the
               
                 Spongia
                 pro
                 Iesuit
              
               ,
               p.
               79.
               for
               their
               out-doing
               the
               Essenes
               in
               
                 hyperbolical
                 Detestations
                 of
                 Oaths
              
               .
            
             
               I
               account
               it
               for
               the
               honour
               of
               the
               Age
               that
               any
               one
               doth
               fall
               under
               the
               Character
               of
               
                 bipedum
                 nequissimus
              
               who
               being
               sued
               by
               a
               Quaker
               at
               Common-Law
               for
               a
               just
               Debt
               ,
               would
               obstruct
               such
               Debt
               by
               an
               Injunction
               out
               of
               Chancery
               ,
               till
               the
               Quaker
               hath
               there
               answer'd
               a
               Shamming
               Bill
               upon
               his
               Oath
               .
            
             
               And
               as
               by
               the
               Clemency
               of
               His
               
               Majesty's
               Government
               ,
               Quakers
               there
               making
               Answer
               upon
               their
               Oath
               to
               Captious
               Bills
               hath
               been
               to
               the
               general
               Satisfaction
               of
               the
               compassionate
               Just
               (
               as
               it
               were
               )
               tacitly
               dispens'd
               with
               ,
               and
               as
               likewise
               their
               Promissory
               Oaths
               of
               Allegiance
               have
               been
               ,
               I
               doubt
               not
               but
               his
               express
               or
               tacit
               dispensing
               with
               other
               Loyal
               and
               Conscientious
               particular
               Persons
               doubting
               of
               the
               lawfulness
               or
               expedience
               of
               some
               Promissory
               Oaths
               ,
               will
               be
               as
               generally
               grateful
               .
            
             
               I
               wish
               there
               were
               no
               greater
               Superstition
               in
               the
               World
               then
               the
               Quakers
               so
               much
               restraining
               to
               their
               epitomes
               of
               speech
               in
               Commerce
               the
               interpretation
               of
               those
               words
               in
               S.
               Matthew
               ,
               
                 But
                 let
                 your
                 Communication
                 be
                 Yea
                 ,
                 yea
                 ,
                 Nay
                 ,
                 nay
                 ,
              
               &c.
               which
               were
               pursuant
               to
               the
               Proverbial
               Saying
               among
               the
               Jews
               ,
               
                 Iustorum
                 etiam
                 est
                 etiam
                 ,
                 &
                 non
                 est
                 non
                 .
              
               And
               as
               King
               
               Athelstan's
               Charter
               to
               his
               Tenants
               the
               Inhabitants
               of
               Rippon
               I
               have
               elsewhere
               mention'd
               ,
               
                 viz.
                 
                   Quod
                   homines
                   sui
                   Riponienses
                   sint
                   credendi
                   per
                   suum
                   Ya
                
                 
                 
                   &
                   per
                   su●…m
                   Nay
                   ,
                   in
                   omnibus
                   qu●…lis
                   &
                   curiis
                
              
               ,
               &c.
               hath
               been
               by
               none
               that
               I
               have
               heard
               of
               look'd
               on
               with
               an
               
                 evil
                 eye
              
               ,
               so
               neither
               by
               me
               should
               the
               like
               Dispensation
               granted
               by
               our
               Prince
               to
               any
               others
               he
               repined
               at
               .
            
          
           
             
               A.
               
            
             
               Your
               having
               (
               as
               it
               were
               )
               diverted
               me
               by
               the
               thought
               of
               that
               Superstition
               of
               the
               Quakers
               ,
               brings
               to
               my
               mind
               the
               pleasant
               Entertainment
               you
               once
               gave
               me
               by
               lending
               me
               a
               Book
               writ
               long
               ago
               ,
               call'd
               
                 A
                 brief
                 Treatise
                 of
                 Oaths
                 exacted
                 by
                 Ordinaries
                 and
                 Ecclesiastical
                 Iudges
                 to
                 answer
                 generally
                 to
                 all
                 such
                 Articles
                 or
                 Interrogarories
                 as
                 pleaseth
                 them
                 to
                 propound
                 :
                 and
                 of
                 their
                 forced
                 and
                 Constrained
                 Oaths
              
               ex
               officio
               ,
               
                 wherein
                 is
                 proved
                 that
                 the
                 same
                 are
                 unlawful
                 .
              
               And
               I
               remember
               much
               of
               the
               matter
               in
               that
               Author
               being
               dull
               ,
               I
               came
               to
               somewhat
               at
               last
               recited
               by
               him
               ,
               that
               had
               in
               it
               some
               Sales
               ,
               or
               what
               I
               may
               call
               some
               drops
               of
               Spirit
               of
               Vitriol
               ,
               and
               which
               were
               but
               necessary
               to
               give
               a
               grateful
               acidity
               to
               his
               Apozeme
               ,
               when
               he
               toward
               the
               end
               of
               that
               Book
               of
               Oaths
               ,
               in
               p.
               56.
               and
               57.
               thus
               brings
               in
               a
               RATIONALE
               of
               the
               Ceremonious
               manner
               of
               giving
               an
               Oath
               ,
               and
               of
               the
               Manufacture
               of
               it
               as
               some
               men
               do
               
                 fidem
                 facere
              
               by
               it
               ,
               
                 viz.
                 For
                 in
                 this
                 matter
                 of
                 an
                 Oath
                 they
                 have
                 devised
                 according
                 to
                 their
                 toying
                 fantasie
                 a
                 certain
                 foolish
                 figurative
                 Ceremony
                 in
                 the
                 ministring
                 thereof
                 .
                 For
                 the
                 Deponent
                 for
                 sooth
                 must
                 lay
                 his
                 three
                 middle
                 Fingers
                 stretch'd
                 outright
                 upon
                 the
                 Book
                 in
                 signification
                 of
                 the
                 Holy
                 Trinity
                 and
                 Catholick
                 Faith
                 ,
                 and
                 his
                 Thumb
                 and
                 little
                 Finger
                 he
                 must
                 put
                 downward
                 under
                 the
                 Book
                 ,
                 in
                 token
                 of
                 Damnation
                 both
                 of
                 Body
                 and
                 Soul
                 ,
                 if
                 he
                 say
                 not
                 the
                 truth
                 .
                 The
                 Thumb
                 belike
                 as
                 the
                 greater
                 ,
                 representing
                 the
                 heavy
                 mass
                 of
                 the
                 Body
                 :
                 and
                 the
                 little
                 Finger
                 the
                 light
                 and
                 incorpo●…eal
                 substance
                 of
                 the
                 Soul.
                 How
                 superstitious
                 also
                 they
                 were
                 concerning
                 this
                 Ceremony
                 of
                 the
                 Book
                 (
                 little
                 regarding
                 the
                 true
                 use
                 and
                 end
                 of
                 an
                 Oath
                 )
                 as
                 appears
                 by
                 the
                 Allegorical
                 Exposition
                 curiously
                 set
                 forth
                 by
                 one
                 of
                 their
                 Personate
                 and
                 Counterfeit
                 Prelates
                 ,
                 who
                 saith
                 that
                 the
                 Circumstances
                 in
                 the
                 Act
                 of
                 an
                 Oath
                 are
                 very
                 great
                 and
                 weighty
                 ,
                 inasmuch
                 as
                 he
                 that
                 Sweareth
                 by
                 a
                 Book
                 doth
                 three
                 things
                 :
                 First
                 as
                 tho
                 he
                 should
                 say
                 ,
                 Let
                 that
                 which
                 is
                 written
                 in
                 the
                 Book
                 never
                 do
                 me
                 good
                 ,
                 neither
                 the
                 new
                 nor
                 the
                 old
                 Law
                 if
                 I
                 lye
                 in
                 this
                 mine
                 Oath
                 .
                 Secondly
                 ,
                 he
                 puts
                 his
                 Hand
                 on
                 the
                 Book
                 ,
                 as
                 tho
                 he
                 should
                 say
                 ,
                 Nor
                 the
                 good
                 work
                 which
                 I
                 have
                 done
                 profit
                 me
                 ought
                 before
                 the
                 face
                 of
                 Christ
                 ,
                 except
                 I
                 say
                 the
                 truth
                 which
                 is
                 founded
                 in
                 Christ.
                 Thirdly
                 ,
                 he
                 kisseth
                 the
                 Book
                 ,
                 as
                 tho
                 he
                 should
                 say
                 ,
                 Let
                 never
                 the
                 Prayers
                 and
                 Petitions
                 which
                 by
                 my
                 mouth
                 I
                 have
                 utter'd
                 ,
                 avail
                 me
                 any
                 thing
                 to
                 my
                 Soul's
                 health
                 ,
                 if
                 I
                 say
                 not
                 truly
                 in
                 this
                 mine
                 Oath
                 .
                 Yet
                 you
                 must
                 take
                 this
                 as
                 meant
                 only
                 by
                 this
                 Reverend
                 Father
                 where
                 Lay
                 men
                 ,
                 or
                 the
                 baser
                 sort
                 of
                 the
                 Clergy
                 take
                 an
                 Oath
                 .
                 For
                 that
                 blessed
              
               Bonner
               
                 not
                 long
                 since
                 hath
                 taught
                 us
                 this
                 trick
                 of
                 his
                 Law
                 ,
                 that
                 a
                 Bishop
                 may
                 Swear
                 (
                 such
                 is
                 his
                 Privilege
              
               )
               inspectis
               Evangeliis
               &
               non
               tactis
               ;
               
                 bare
                 sight
                 of
                 the
                 Book
                 without
                 touch
                 or
                 kiss
                 ,
                 will
                 well
                 enough
                 serve
                 his
                 Lordship's
                 turn
                 .
              
            
          
           
             
               B.
               
            
             
               Well
               Sir
               ,
               throwing
               out
               of
               our
               thoughts
               the
               minutioe
               of
               all
               formal
               trifling
               ▪
               let
               us
               not
               at
               the
               same
               time
               try
               to
               make
               men
               laugh
               and
               weep
               by
               imposing
               Oaths
               on
               them
               .
               And
               let
               the
               Consideration
               of
               this
               ,
               namely
               that
               the
               Noble
               Morals
               enjoyn'd
               by
               the
               Christian
               Doctrine
               have
               not
               prevailed
               all
               this
               while
               to
               secure
               Christians
               against
               one
               another
               without
               the
               Garranty
               of
               Oaths
               ,
               or
               by
               the
               
                 Christianus
                 sum
              
               not
               being
               still
               judged
               oequi-ponderous
               with
               an
               Oath
               ,
               impress
               a
               solemn
               grief
               on
               our
               Minds
               .
               And
               considering
               that
               both
               the
               
                 Verbum
                 Regium
              
               ,
               and
               the
               
                 verbum
                 Sacerdotis
              
               have
               been
               so
               much
               allow'd
               equal
               to
               Oaths
               ,
               and
               that
               all
               Christians
               ought
               to
               value
               themselves
               on
               being
               
                 A
                 Royal
                 Priesthood
              
               ,
               and
               on
               their
               great
               Chief
               having
               
                 made
                 them
                 Kings
                 and
                 Priests
                 to
                 God
                 and
                 his
                 Father
                 ,
              
               let
               us
               bemoan
               the
               present
               State
               of
               Christianity
               and
               Christians
               ,
               having
               (
               as
               it
               were
               )
               Decreed
               it
               that
               they
               cannot
               take
               one
               anothers
               words
               .
               And
               let
               the
               thought
               likewise
               of
               the
               insufficiency
               of
               
               the
               Security
               of
               Oaths
               themselves
               to
               keep
               up
               Governments
               ,
               work
               in
               us
               such
               a
               serious
               Mortification
               and
               Profound
               sense
               of
               the
               degeneracy
               of
               Mankind
               ,
               and
               such
               an
               inclination
               to
               place
               our
               chief
               Confidence
               in
               somewhat
               above
               the
               words
               ,
               or
               Oaths
               of
               men
               ,
               as
               becomes
               us
               .
            
             
               But
               I
               shall
               give
               you
               an
               instance
               of
               this
               at
               home
               too
               pregnant
               with
               horror
               .
               Our
               thoughts
               have
               had
               a
               long
               melancholy
               walk
               in
               the
               Peristyllium
               of
               the
               many
               Interpretations
               that
               supported
               our
               Great
               Oath
               of
               Supremacy
               ,
               and
               as
               to
               which
               Oath
               it
               being
               probable
               that
               a
               vulgar
               Error
               having
               prevailed
               among
               many
               of
               the
               Faction
               for
               some
               time
               before
               the
               year
               1640.
               namely
               
                 that
                 the
                 Oath
                 of
                 Supremacy
                 was
                 intended
                 to
                 bind
                 only
                 in
                 opposition
                 to
                 Popery
                 ,
              
               occasion
               was
               thereby
               given
               to
               the
               Fathers
               of
               our
               Church
               to
               procure
               the
               last
               Authentick
               Interpretation
               of
               the
               Assertory
               part
               of
               the
               Oath
               in
               the
               Canons
               of
               1640.
               and
               cautioning
               us
               there
               in
               the
               first
               Canon
               against
               any
               
                 Independent
                 Coactive
                 Power
                 whether
                 
                   Papal
                   or
                   Popular
                
              
               .
               But
               after
               our
               view
               of
               the
               orderly
               and
               necessary
               placing
               of
               all
               these
               polish'd
               and
               strong
               Pillars
               of
               Interpretation
               erected
               between
               the
               time
               of
               
                 Primo
                 Elizabethoe
              
               and
               the
               year
               1640
               ,
               and
               after
               Providence
               so
               ordering
               it
               at
               last
               ,
               that
               the
               Consciences
               of
               the
               Loyal
               who
               were
               then
               reserv'd
               as
               Lyons
               to
               guard
               the
               Throne
               ,
               had
               then
               a
               clear
               Oath
               to
               guard
               their
               Loyalty
               ,
               and
               after
               their
               having
               then
               cause
               to
               say
               
                 Tantoe
                 molis
                 erat
              
               to
               render
               the
               Oath
               both
               acceptable
               to
               Conscience
               and
               adequate
               to
               its
               first
               reasonable
               intention
               ,
               the
               Land
               was
               punish'd
               with
               a
               dreadful
               Rebellion
               ,
               and
               the
               sacred
               Obligations
               of
               the
               Oath
               and
               all
               its
               Interpretations
               could
               no
               more
               quench
               the
               raging
               Flames
               of
               the
               Civil
               War
               then
               the
               sprinkling
               of
               a
               little
               Holy
               Water
               could
               save
               a
               Town
               on
               fire
               .
            
             
               You
               may
               therefore
               here
               again
               more
               particularly
               take
               it
               into
               your
               thoughts
               ,
               that
               there
               is
               somewhat
               beside
               or
               beyond
               Oaths
               necessary
               to
               incline
               Heaven
               to
               Preserve
               States
               and
               Kingdoms
               and
               Ecclesiastical
               Polities
               therein
               ,
               namely
               the
               trusting
               in
               God
               ,
               and
               offering
               to
               him
               what
               the
               51.
               
               Psalm
               calls
               
                 the
                 Sacrifices
                 of
                 God
              
               ;
               and
               without
               which
               the
               thought
               of
               the
               
                 tantoe
                 molis
              
               and
               the
               endeavour'd
               piling
               Interpretation
               upon
               Interpretation
               ,
               or
               Oath
               upon
               Oath
               as
               high
               as
               Heaven
               ,
               and
               thereby
               designing
               to
               keep
               men
               together
               embody'd
               and
               united
               in
               the
               external
               Profession
               of
               any
               State-Religion
               ,
               will
               prove
               as
               insignificant
               as
               did
               the
               old
               Politicks
               I
               shall
               refer
               you
               to
               in
               the
               Sacred
               Story
               ,
               and
               when
               
                 the
                 whole
                 Earth
                 was
                 of
                 one
                 Language
                 ,
                 and
                 of
                 one
                 Speech
                 ,
              
               and
               the
               Vogue
               was
               ,
               
                 Let
                 us
                 build
                 a
                 City
                 and
                 Tower
                 whose
                 top
                 may
                 reach
                 to
                 Heaven
                 ,
                 and
                 let
                 us
                 make
                 us
                 a
                 Name
                 ,
                 least
                 we
                 be
                 scatter'd
                 abroad
                 on
                 the
                 face
                 of
                 the
                 whole
                 Earth
                 .
              
               But
               Heaven
               confounded
               their
               Language
               ,
               and
               their
               City
               was
               call'd
               Babel
               ,
               and
               their
               feared
               Dissipation
               was
               their
               Punishment
               .
               They
               were
               so
               diffident
               of
               the
               Divine
               Promise
               whose
               garranty
               they
               had
               ,
               that
               they
               were
               resolv'd
               by
               their
               own
               hands
               to
               provide
               against
               all
               Dangers
               of
               a
               future
               Deluge
               ,
               and
               having
               built
               their
               Tower
               with
               Brick
               ,
               they
               thought
               't
               would
               defend
               them
               from
               the
               Power
               of
               Fire
               ,
               concerning
               which
               they
               had
               heard
               the
               Tradition
               that
               a
               general
               Destruction
               of
               the
               World
               should
               proceed
               from
               the
               fury
               of
               that
               Element
               ;
               and
               they
               vainly
               endeavour'd
               to
               secure
               themselves
               against
               the
               anger
               of
               Heaven
               rather
               by
               a
               lofty
               Pile
               ,
               then
               by
               lowly
               Minds
               .
            
          
           
             
               A.
               
            
             
               That
               wretched
               vulgar
               Error
               you
               referr'd
               to
               ,
               did
               shew
               that
               the
               line
               of
               Confusion
               was
               stretch'd
               forth
               on
               Men's
               understandings
               as
               well
               as
               on
               the
               Realm
               in
               that
               Conjuncture
               :
               and
               I
               have
               observ'd
               that
               that
               vulgar
               Error
               did
               last
               to
               the
               very
               time
               of
               the
               ferment
               about
               the
               Exclusion
               ,
               and
               long
               before
               which
               time
               as
               well
               as
               then
               some
               have
               talk'd
               and
               writ
               at
               this
               rate
               ,
               
                 viz.
                 That
                 the
                 Oath
                 of
                 Supremacy
                 was
                 expresly
                 made
                 (
                 as
                 the
                 title
                 of
                 it
                 shews
                 )
                 to
                 shut
                 out
                 the
                 Usurpation
                 of
                 foreign
                 Powers
                 and
                 Potentates
                 ,
                 and
                 was
              
               
               
                 not
                 meant
                 to
                 provide
                 against
                 any
                 popular
                 Usurpations
                 or
                 Diminutions
                 of
                 the
                 King
                 's
                 Supreme
                 Authority
                 .
              
            
          
           
             
               B.
               
            
             
               O
               God!
               But
               to
               speak
               or
               write
               at
               that
               rate
               to
               Conscience
               ,
               is
               Chicanerie
               .
               And
               I
               have
               elsewhere
               mention'd
               what
               one
               whom
               I
               cannot
               too
               often
               mention
               to
               be
               as
               fair
               a
               dealer
               with
               Conscience
               as
               any
               the
               Age
               hath
               had
               ,
               told
               us
               in
               his
               
                 sixth
                 Lecture
              
               of
               Oaths
               ,
               about
               the
               Oath
               of
               Supremacy
               binding
               in
               this
               Case
               .
               You
               know
               I
               mean
               Bishop
               Sanderson
               ,
               who
               there
               shews
               ,
               that
               
                 tho
                 Popes
                 Usurpations
                 or
                 arrogating
                 to
                 themselves
                 the
                 Supreme
                 Iurisdiction
                 in
              
               spiritualibus
               
                 throughout
                 this
                 Kingdom
                 ,
                 was
                 the
                 Cause
                 of
                 the
                 Oath
                 of
                 Supremacy
                 ,
                 yet
                 the
                 Oath
                 is
                 obligatory
                 according
                 to
                 the
                 express
                 words
                 in
                 the
                 Utmost
                 Latitude
                 :
                 the
                 reason
                 is
                 ,
                 that
                 the
                 intention
                 of
                 a
                 Law
                 is
                 general
                 to
                 provide
                 against
                 all
                 future
                 inconveniences
                 of
                 the
                 like
                 kind
                 ,
                 or
                 nature
                 .
              
            
             
               Moreover
               the
               words
               in
               Queen
               
               Elizabeth's
               Admonition
               referring
               to
               
                 the
                 Persons
                 call'd
                 to
                 Ecclesiastical
                 Ministry
                 in
                 the
                 Church
                 ,
              
               as
               the
               doubters
               ,
               and
               the
               tenour
               of
               all
               the
               subsequent
               Interpretations
               as
               speaking
               them
               principally
               occasion'd
               by
               the
               doubters
               in
               the
               Church
               of
               England
               ,
               do
               further
               shew
               the
               Vanity
               of
               that
               Objection
               .
            
             
               And
               if
               you
               will
               more
               particularly
               think
               of
               the
               
               Queen
               's
               Authentick
               Interpretation
               of
               that
               Oath
               and
               approved
               in
               Parliament
               ,
               you
               will
               find
               the
               Oath
               of
               Supremacy
               to
               be
               an
               Oath
               of
               Allegiance
               ,
               and
               that
               it
               may
               be
               so-likewise
               properly
               termed
               .
               For
               in
               the
               beginning
               of
               the
               Admonition
               you
               will
               thus
               find
               it
               ,
               
                 viz.
                 
                   The
                   Queen's
                   Majesty
                   being
                   inform'd
                   that
                   in
                   certain
                   places
                   of
                   this
                   Realm
                   ,
                   sundry
                   of
                   her
                   native
                   Subjects
                   being
                   call'd
                   to
                   Ministry
                   in
                   the
                   Church
                   ,
                   be
                   by
                   sinister
                   Perswasion
                   and
                   perverse
                   Construction
                   ,
                   induced
                   to
                   find
                   some
                   scruple
                   in
                   the
                   form
                   of
                   an
                   Oath
                   ,
                   which
                   by
                   an
                   Act
                   of
                   the
                   last
                   Parliament
                   is
                   prescribed
                   to
                   be
                   required
                   of
                   divers
                   Persons
                   for
                   the
                   recognition
                   of
                   their
                   ALLEGIANCE
                   to
                   her
                   Majesty
                   ,
                
              
               &c.
               
            
          
           
             
               A.
               
            
             
               As
               one
               may
               perceive
               by
               what
               the
               Queen's
               Interpretation
               in
               the
               Admonition
               refers
               to
               ,
               that
               there
               was
               a
               great
               ferment
               in
               the
               Kingdom
               about
               the
               sense
               of
               the
               Oath
               ,
               so
               suitably
               to
               what
               you
               mention'd
               of
               the
               Prudence
               of
               our
               Ancestors
               that
               caus'd
               various
               ferments
               to
               
                 go
                 off
              
               so
               insensibly
               ,
               the
               next
               Parliament
               in
               approving
               her
               Interpretation
               without
               troubling
               themselves
               to
               question
               the
               Authentickness
               of
               it
               ,
               doth
               corroborate
               your
               observation
               of
               the
               Excellence
               of
               the
               English
               understandings
               .
            
          
           
             
               B.
               
            
             
               It
               doth
               so
               .
               The
               fermentation
               in
               the
               minds
               of
               the
               People
               you
               speak
               of
               had
               been
               Epidemical
               .
               And
               tho
               one
               might
               fancy
               by
               the
               Proem
               of
               the
               Admonition
               that
               the
               Interpretation
               as
               well
               as
               the
               Dispensing
               with
               Disability
               had
               an
               eye
               but
               on
               an
               inconsiderable
               number
               of
               People
               there
               referr'd
               to
               in
               the
               foremention'd
               words
               of
               
                 sundry
                 of
                 her
                 Majesty's
                 Native
                 Subjects
                 in
                 certain
                 places
                 of
                 this
                 Realm
                 ,
              
               &c.
               yet
               any
               one
               who
               knoweth
               the
               History
               of
               those
               times
               will
               find
               the
               Interpretation
               and
               Dispensation
               (
               as
               I
               may
               say
               )
               Calculated
               for
               the
               Meridian
               of
               all
               England
               ,
               and
               the
               Interpretation
               having
               an
               eye
               on
               all
               Christendom
               .
            
             
               There
               was
               then
               in
               the
               Morning
               of
               that
               
               Queen's
               Reign
               ,
               and
               of
               the
               restoration
               of
               the
               Reform'd
               Religion
               ,
               such
               a
               thick
               mist
               of
               causeless
               Fears
               and
               Iealousies
               that
               had
               generally
               o'erspread
               the
               minds
               of
               Protestants
               and
               Papists
               shortly
               after
               the
               Birth
               of
               the
               Statute
               of
               1
               o
               Eliz.
               c.
               1
               
               o.
               that
               nothing
               but
               the
               Supremacy
               both
               of
               Power
               and
               Reason
               that
               shone
               in
               her
               authentick
               Interpretation
               of
               that
               Statute
               could
               disperse
               ,
               and
               that
               too
               not
               suddenly
               .
               For
               as
               Mr.
               Nye
               in
               his
               Book
               of
               
                 Two
                 Acts
                 of
                 Parliament
              
               ,
               or
               
                 Observations
                 on
                 that
                 Oath
              
               ,
               tells
               us
               ,
               
                 It
                 is
                 mention'd
                 in
                 the
                 Admonition
                 that
                 the
                 Queen
                 's
                 Ecclesiastical
                 Power
                 is
                 the
                 same
                 that
                 was
                 challenged
                 and
                 used
                 ,
                 by
              
               Henry
               the
               8th
               ,
               
                 &c.
                 which
                 is
                 supposed
                 by
                 some
                 to
                 be
                 the
                 same
                 that
                 was
                 in
                 the
                 Pope
                 ,
                 the
                 Person
                 only
                 and
              
               
               
                 not
                 the
                 Power
                 changed
                 :
                 so
                 that
                 our
                 Princes
                 are
                 but
                 secular
                 Popes
                 .
                 This
                 Objection
                 was
                 strengthen'd
                 by
                 the
                 subtlety
                 of
              
               Gardiner
               
                 abroad
                 :
                 and
                 at
                 home
                 by
                 a
                 Sermon
                 Preach'd
                 at
              
               Paul's
               Cross
               
                 in
                 the
                 year
              
               1588.
               
                 by
                 Dr.
              
               Bancroft
               ,
               
                 who
                 calls
                 Q.
              
               Eliz.
               
                 a
                 Petty
                 Pope
                 ,
                 and
                 tells
                 us
                 her
                 Ecclesiastical
                 Authority
                 is
                 the
                 same
                 which
                 the
                 Pope's
                 was
                 formerly
                 :
              
               and
               in
               the
               Margin
               opposite
               to
               what
               he
               had
               said
               of
               the
               subtlety
               of
               
                 Gardiner
                 ,
                 strengthening
                 the
                 Objection
                 abroad
                 ,
              
               hath
               these
               words
               ,
               viz.
               Whom
               Calvin
               
                 terms
                 Imposterille
              
               .
               And
               Mr.
               Nye
               afterward
               goes
               on
               to
               shew
               how
               the
               37th
               Article
               did
               remove
               the
               Objection
               sufficiently
               .
            
             
               The
               Author
               of
               
                 The
                 true
                 Grounds
                 of
                 Ecclesiastical
                 Regiment
                 ,
              
               Printed
               in
               London
               ,
               A.
               1641.
               doth
               in
               p.
               53.
               mention
               some
               mens
               objecting
               it
               against
               the
               Ecclesiastical
               Supremacy
               of
               our
               Monarchs
               ,
               
                 that
                 it
                 may
                 descend
                 to
                 Infants
                 under
                 Age
                 ,
                 as
                 it
                 did
                 to
                 King
              
               Edward
               
                 the
                 6th
                 ,
                 or
                 to
                 Women
                 as
                 to
                 Queen
              
               Mary
               
                 and
                 Queen
              
               Elizabeth
               ,
               
                 and
                 that
                 whatsoever
                 we
                 may
                 allow
                 to
                 men
                 ,
                 such
                 as
              
               Henry
               
                 the
                 8th
                 ;
                 yet
                 it
                 seems
                 unreasonable
                 to
                 allow
                 it
                 Women
                 and
                 Children
                 .
                 The
                 Papists
                 think
                 this
                 Objection
                 of
                 great
                 moment
                 ,
                 and
                 therefore
              
               Bellarmine
               
                 in
                 great
                 disdain
                 casts
                 it
                 out
                 ,
                 that
                 in
              
               England
               
                 they
                 had
                 a
                 certain
                 Woman
                 for
                 their
                 Bishop
                 ;
                 meaning
                 Queen
              
               Elizabeth
               :
               
                 and
                 she
                 knowing
                 what
                 an
                 odium
                 that
                 word
                 would
                 draw
                 on
                 her
                 both
                 among
                 Papists
                 and
                 many
                 Protestants
                 also
                 ,
                 Consults
                 her
                 Bishops
                 about
                 it
                 ,
                 and
                 by
                 their
                 advice
                 sets
                 forth
                 a
                 Declaration
                 ,
                 certifying
                 the
                 World
                 thereby
                 ,
                 that
                 she
                 claim'd
                 no
                 other
                 Headship
                 in
                 the
                 Church
                 ,
                 but
                 such
                 as
                 might
                 exclude
                 all
                 dependency
                 on
                 foreign
                 Headships
                 ,
                 and
                 secure
                 her
                 from
                 all
                 danger
                 of
                 being
                 deposed
                 ,
              
               &c.
               
               
                 The
                 Bishops
                 in
                 this
                 did
                 as
                 warily
                 provide
                 for
                 their
                 own
                 Claim
                 as
                 the
                 Queen
                 's
                 .
              
               And
               the
               Roman-Catholick
               Author
               of
               the
               
                 Advocate
                 for
                 Conscience
                 Liberty
              
               ,
               discoursing
               of
               the
               Oath
               of
               Supremacy
               in
               p.
               181.
               
                 &
                 seq
              
               .
               saith
               ,
               That
               Luther
               ,
               Calvin
               ,
               Knox
               ,
               Gilby
               
                 disliked
                 it
              
               :
               and
               mentions
               
                 that
                 a
                 Iurisdiction
                 purely
                 spiritual
                 was
                 communicated
                 to
              
               H.
               
                 the
                 8th
                 by
                 his
                 Supremacy
                 ,
                 and
                 assumed
                 by
                 him
                 ,
                 and
                 that
                 he
                 wanted
                 his
                 Spiritual
                 By-title
                 of
                 Supremacy
                 to
                 justifie
                 his
                 Divorce
                 ,
                 a●…d
                 his
                 taking
                 the
                 Church
                 Revenue
                 into
                 his
                 hands
                 :
                 and
                 that
                 the
                 Protectorship
                 in
              
               E
               
                 the
                 6th's
                 time
                 by
                 virtue
                 of
                 the
                 Oath
                 of
                 Supremacy
                 continued
                 to
                 make
                 new
                 Church-Laws
                 ,
                 Institutions
                 ,
              
               &c.
               
                 and
                 that
                 Queen
              
               Elizabeth
               
                 reassumed
                 this
                 Iurisdiction
                 ,
                 having
                 a
                 greater
                 necessity
                 for
                 it
                 then
                 her
                 Brother
                 ,
                 because
                 her
                 Marriage
                 was
                 declared
                 null
                 by
                 the
                 Pope
                 .
              
               So
               then
               the
               state
               of
               Protestancy
               abroad
               and
               at
               home
               call'd
               on
               the
               Queen
               to
               distribute
               or
               dispense
               her
               Supreme
               Power
               in
               her
               Law
               by
               her
               Interpretation
               making
               a
               change
               not
               of
               it
               ,
               but
               in
               the
               body
               of
               it
               :
               and
               which
               had
               it
               been
               changed
               by
               a
               repeal
               in
               Parliament
               for
               another
               ,
               would
               have
               seem'd
               to
               blemish
               her
               figure
               of
               
                 semper
                 Eadem
              
               ,
               and
               have
               reflected
               on
               the
               Understandings
               and
               Consciences
               of
               those
               who
               had
               before
               took
               the
               Oath
               .
            
             
               There
               was
               then
               in
               that
               Conjuncture
               an
               universal
               outcry
               of
               Conscience
               that
               
                 Sin
                 lies
                 at
                 the
                 door
              
               ,
               a
               thing
               worse
               then
               
                 Hannibal
                 ad
                 Portas
              
               ;
               a
               burthen
               that
               hath
               caus'd
               all
               the
               
                 Groans
                 of
                 the
                 Creation
              
               that
               ever
               happen'd
               .
               And
               where
               there
               is
               
                 Periculum
                 animae
              
               there
               is
               always
               
                 Periculum
                 in
                 morâ
              
               ,
               and
               which
               the
               Queen
               's
               authentick
               Interpretation
               did
               remove
               ,
               and
               which
               was
               approved
               by
               the
               next
               Parliament
               :
               and
               no
               noise
               made
               or
               complaining
               heard
               
                 in
                 our
                 streets
              
               about
               any
               seeming
               Alteration
               made
               in
               the
               Law
               or
               Oath
               it self
               ,
               by
               the
               Prerogative
               of
               interpretation
               or
               acquittal
               from
               the
               disabling
               Punishments
               then
               exercised
               .
               And
               it
               is
               but
               congruous
               to
               humane
               Nature
               and
               common
               Policy
               in
               men
               when
               they
               see
               any
               thing
               not
               ill
               in
               it self
               done
               that
               hath
               eminently
               conduced
               to
               make
               the
               World
               easie
               ,
               not
               to
               embarass
               such
               thing
               with
               litigious
               scruples
               about
               the
               
                 fieri
                 non
                 debuit
              
               ,
               nor
               to
               adventure
               to
               trouble
               the
               World
               again
               when
               it
               is
               inclined
               to
               and
               resolv'd
               upon
               its
               rest
               .
               Some
               thoughts
               of
               this
               Nature
               probably
               inclined
               my
               Lord
               Coke
               to
               shew
               the
               Complaisance
               he
               did
               ,
               not
               only
               to
               King
               Iames
               his
               incapacitating
               Canon
               about
               
               the
               double
               Subscription
               ,
               but
               as
               to
               the
               Oath
               against
               Simony
               &
               that
               of
               Canonical
               obedience
               ,
               and
               which
               inclined
               Judge
               Croke
               to
               be
               pleas'd
               with
               the
               Canons
               of
               1640.
               tho
               containing
               the
               Oath
               with
               an
               
                 Et
                 caetera
              
               ,
               and
               which
               made
               the
               Iudges
               so
               apt
               to
               over-rule
               some
               of
               Sir
               E.
               Coke's
               Exceptions
               to
               the
               Sheriffs
               Oath
               ,
               as
               I
               have
               mention'd
               .
            
             
               You
               may
               indeed
               find
               that
               some
               among
               the
               Puritans
               in
               some
               Conjunctures
               in
               Queen
               
               Elizabeth's
               time
               ,
               did
               presume
               to
               reproach
               the
               Government
               of
               the
               Church
               with
               her
               having
               dispens'd
               with
               the
               disability
               of
               some
               Persons
               incurr'd
               by
               Act
               of
               Parliament
               .
               The
               Author
               of
               the
               famous
               Book
               publish'd
               in
               her
               Reign
               ,
               call'd
               ,
               
                 An
                 Abstract
                 of
                 certain
                 Acts
                 of
                 Parliament
                 ,
              
               hath
               in
               the
               Conclusion
               these
               two
               factious
               Queries
               ,
               viz.
               
                 Whether
                 a
                 mere
                 Lay-man
                 ,
                 no
                 Doctor
                 of
                 the
                 Civil
                 Law
                 ,
                 may
                 be
                 a
                 Bishop's
                 Chancellor
                 ,
                 and
                 so
                 may
                 Excommunicate
                 ?
                 Whether
                 a
                 mere
                 Lay-man
                 no
                 Doctor
                 of
                 the
                 Civil
                 Law
                 ,
                 may
                 be
                 a
                 Bishop's
                 Register
                 ,
                 contrary
                 to
                 an
                 Act
                 of
                 Parliament
                 ?
              
               The
               Author
               intendeth
               there
               to
               referr
               to
               the
               Statute
               of
               37
               
               o.
               H.
               8.
               c.
               17.
               and
               as
               he
               had
               before
               expresly
               done
               in
               p.
               196.
               
               
                 &
                 Seq
              
               .
               and
               of
               which
               Statute
               we
               have
               so
               much
               discours'd
               ;
               and
               he
               in
               p.
               201.
               instanceth
               in
               
                 many
                 Lay-men
                 who
                 were
                 not
                 Doctors
                 of
                 the
                 Civil
                 Law
                 ,
                 and
                 yet
                 then
                 exercised
                 Ecclesiastical
                 Iurisdiction
                 .
              
               He
               had
               too
               in
               p.
               196.
               took
               notice
               that
               as
               that
               
                 Statute
                 establish'd
                 and
                 confirm'd
                 to
                 the
                 King
                 and
                 his
                 Successors
                 ,
                 and
                 so
                 unto
                 our
                 most
                 Gracious
                 Soveraign
                 the
                 Queen's
                 Majesty
                 that
                 now
                 is
                 ,
                 lawful
                 Preheminence
                 ,
                 Power
                 ,
                 Superiority
                 and
                 Lordship
                 over
                 all
                 Persons
                 within
                 her
                 Dominions
                 of
                 what
                 state
                 or
                 Condition
                 soever
                 ,
                 touching
                 Punishments
                 for
                 any
                 Heresies
                 ,
                 Errors
                 ,
                 Vices
                 ,
                 Schisms
                 ,
                 Abuses
                 ,
                 Idolatries
                 ,
                 Hypocrisies
                 and
                 Superstitions
                 springing
                 or
                 growing
                 by
                 means
                 of
                 any
                 her
                 disobedient
                 and
                 disloyal
                 Subjects
                 ;
                 so
                 hath
                 her
                 Majesty
                 by
                 her
                 Injunctions
                 publish'd
                 ,
                 that
                 her
                 Highness
                 did
                 never
                 pretend
                 any
                 Title
                 or
                 challenge
                 any
                 Authority
                 to
                 punish
                 any
                 of
                 her
                 Subjects
                 for
                 any
                 of
                 the
                 said
                 Offences
                 by
                 Censure
                 Ecclesiastical
                 in
                 right
                 belonging
                 to
                 her
                 Royal
                 Person
                 ;
                 but
                 that
                 her
                 Highness
                 meaning
                 and
                 intent
                 is
                 and
                 always
                 hath
                 been
                 to
                 commit
                 the
                 execution
                 thereof
                 always
                 to
                 the
                 Ecclesiastical
                 State
                 of
                 her
                 time
                 :
              
               and
               he
               then
               sets
               down
               her
               Interpretation
               in
               the
               Admonition
               .
            
             
               But
               had
               that
               Author
               consider'd
               how
               it
               was
               declared
               by
               that
               Statute
               ,
               that
               
                 by
                 Holy
                 Scripture
                 all
                 Authority
                 and
                 Power
                 is
                 given
                 to
                 His
                 Majesty
                 ,
                 and
                 all
                 such
                 Persons
                 as
                 His
                 Majesty
                 shall
                 appoint
                 to
                 hear
                 and
                 determine
                 all
                 manner
                 of
                 Causes
                 Ecclesiastical
                 ,
                 and
                 to
                 correct
                 Uice
                 and
                 Sin
                 whatsoever
              
               ;
               and
               that
               this
               Statute
               was
               revived
               by
               the
               1st
               of
               Eliz.
               he
               would
               not
               have
               wonder'd
               at
               the
               Queen's
               allowing
               that
               Statute
               to
               be
               dispens'd
               with
               as
               it
               was
               .
               Nor
               would
               any
               one
               therefore
               wonder
               at
               the
               Royal
               Martyr
               in
               the
               12th
               and
               13th
               Canons
               of
               A.
               1640.
               
               Condescending
               to
               humour
               the
               Complaints
               of
               the
               Puritans
               by
               an
               equal
               Interpretation
               of
               that
               Statute
               of
               37
               o
               H.
               8.
               and
               by
               dispensing
               with
               it
               as
               he
               did
               ;
               and
               that
               so
               far
               as
               to
               the
               disabling
               Lay-Chancellors
               to
               proceed
               in
               such
               Censures
               as
               they
               were
               enabled
               by
               that
               Statute
               to
               do
               .
            
             
               Mr.
               Bagshaw
               in
               his
               first
               Argument
               in
               Parliament
               concerning
               the
               Canons
               thus
               reflects
               on
               the
               Clergy
               for
               those
               two
               Canons
               ,
               
                 viz.
                 Concerning
                 the
                 12th
                 and
                 13th
                 Canons
                 touching
                 the
                 freeing
                 and
                 discharging
                 of
                 Chancellors
                 and
                 Officials
                 from
                 executing
                 any
                 Excommunication
                 in
                 their
                 own
                 Person
                 ,
                 or
                 any
                 Censure
                 against
                 the
                 Clergy
                 ,
                 because
                 they
                 are
                 Lay-men
                 ;
                 I
                 say
                 ,
                 that
                 in
                 doing
                 and
                 enacting
                 this
                 they
                 have
                 done
                 quite
                 contrary
                 to
                 an
                 Act
                 of
                 Parliament
                 still
                 in
                 force
                 ,
                 in
                 taking
                 from
                 them
                 this
                 Power
                 of
                 exercising
                 the
                 Censures
                 of
                 the
                 Church
                 which
                 that
                 Statute
                 gives
                 them
                 :
                 which
                 I
                 did
                 look
                 when
                 some
                 Civilians
                 now
                 in
                 the
                 House
                 should
                 have
                 maintain'd
                 .
                 And
                 altho
                 it
                 were
                 to
                 be
                 wish'd
                 that
                 only
                 Clergymen
                 should
                 have
                 this
                 Power
                 of
                 Excommunication
                 ,
                 and
                 other
                 Censures
                 of
                 the
                 Church
                 ;
                 yet
                 seeing
                 an
                 Act
                 of
                 Parliament
                 hath
              
               
               
                 given
                 this
                 Power
                 to
                 Lay-men
                 ,
                 it
                 is
                 high
                 Presumption
                 to
                 make
                 Canons
                 against
                 it
                 .
              
            
             
               But
               he
               well
               knew
               that
               after
               the
               stamp
               of
               the
               Royal
               Authority
               put
               on
               these
               Canons
               as
               well
               as
               before
               ,
               Lay-men
               in
               the
               Court
               of
               Delegates
               did
               Excommunicate
               ,
               and
               as
               they
               did
               in
               the
               high
               Commission
               .
               And
               you
               may
               observe
               it
               ,
               that
               in
               the
               Commission
               granted
               
                 Primo
                 Elizabethae
              
               to
               her
               Commissioners
               pursuant
               to
               the
               Statute
               of
               that
               year
               ,
               there
               were
               but
               two
               Clergy-men
               (
               and
               those
               Bishops
               )
               and
               17
               Lay-men
               .
            
             
               My
               Lord
               ▪
               Coke
               ,
               Inst.
               4.
               c.
               74.
               writing
               of
               the
               
                 High
                 Commission
              
               in
               Causes
               Ecclesiastical
               ,
               saith
               ,
               
                 There
                 is
                 no
                 question
                 but
                 the
                 Commissioners
                 for
                 such
                 Causes
                 as
                 are
                 committed
                 to
                 them
                 by
                 force
                 of
                 this
                 Act
                 ,
                 may
                 ,
                 if
                 the
                 Commissioners
                 be
                 Competent
                 ,
                 proceed
                 to
                 deprivation
                 of
                 the
                 Popish
                 Clergy
                 which
                 was
                 the
                 main
                 object
                 of
                 the
                 Act
                 ,
                 or
                 to
                 punish
                 them
                 by
                 Ecclesiastical
                 Censures
                 ,
              
               &c.
               
               
                 And
                 without
                 question
                 if
                 the
                 Commissioners
                 be
                 COMPETENT
                 ,
                 that
                 is
                 ,
                 if
                 they
                 be
                 spiritual
                 men
                 ,
                 they
                 may
                 proceed
                 to
                 Sentence
                 of
                 Excommunication
                 ,
                 which
                 may
                 right
                 well
                 be
                 Certify'd
                 as
                 well
                 as
                 Excommunication
                 before
                 Commissioners
                 Delegates
                 :
                 both
                 of
                 these
                 Authorities
                 being
                 under
                 the
                 Great
                 Seal
                 ,
              
               &c.
               
               
                 And
                 Excommunication
                 certify'd
                 ly
                 Commissioners
                 Del
                 gates
                 hath
                 been
                 allowed
                 as
                 it
                 appeareth
                 in
              
               23.
               
               Eliz.
               Dyer
               .
               371.
               
               
                 And
                 in
                 many
                 Cases
                 Acts
                 of
                 Parliament
                 have
                 adjudged
                 men
                 Excommunicate
              
               ipso
               facto
               .
               
                 But
                 if
                 they
                 be
                 meer
                 Lay-men
                 ,
                 the
                 fault
                 is
                 not
                 in
                 the
                 Statute
                 or
                 in
                 the
                 Law
                 ,
                 but
                 in
                 the
                 Nomination
                 :
                 and
                 upon
                 Certificate
                 made
                 of
                 the
                 Excommunication
                 according
                 to
                 Law
                 ,
                 a
              
               Significavit
               ,
               or
               Cap.
               Excom
               .
               
                 shall
                 be
                 awarded
                 out
                 of
                 the
                 Chancery
                 ,
                 for
                 the
                 taking
                 and
                 imprisoning
                 the
                 Bodies
                 of
                 such
                 Excommunicate
                 Persons
                 .
              
               But
               had
               his
               Lordship
               (
               as
               I
               said
               in
               the
               Case
               of
               the
               other
               Author
               )
               consider'd
               how
               by
               the
               Statute
               of
               37.
               
               H.
               8.
               it
               was
               
                 declared
                 that
                 by
                 Holy
                 Scripture
                 all
                 Authority
                 and
                 Power
                 is
                 given
                 to
                 His
                 Majesty
                 ,
                 and
                 to
                 all
                 such
                 Persons
                 as
                 he
                 shall
                 appoint
                 to
                 hear
                 and
                 determine
                 all
                 manner
                 of
                 Causes
                 Ecclesiastical
                 ,
                 and
                 to
                 correct
                 Uice
                 and
                 Sin
                 whatsoever
                 ,
              
               he
               would
               not
               (
               I
               believe
               )
               have
               thought
               Lay-men
               incompetent
               or
               incapable
               Persons
               so
               to
               have
               acted
               in
               the
               
                 high
                 Commission
              
               ,
               or
               Delegacy
               ,
               or
               have
               said
               
                 there
                 was
                 any
                 fault
                 in
                 the
                 Nomination
                 of
                 Lay-men
                 .
              
            
             
               And
               yet
               you
               see
               my
               Lord
               Coke
               shews
               you
               how
               the
               Government
               then
               acquiesced
               in
               such
               Nomination
               ;
               and
               assisted
               the
               execution
               of
               the
               Sentences
               given
               by
               such
               as
               he
               thought
               incompetent
               .
            
             
               Nor
               are
               we
               therefore
               to
               wonder
               at
               what
               Mr.
               Bagshaw
               mentions
               of
               
                 the
                 Civilians
                 in
                 the
                 House
                 of
                 Commons
                 not
                 objecting
                 that
                 the
                 King
                 had
                 done
                 contrary
                 to
                 an
                 Act
                 of
                 Parliament
                 in
                 taking
                 from
                 Bishops
                 ,
                 Chancellors
                 and
                 Officials
                 the
                 Power
                 of
                 exercising
                 Church
                 Censures
                 given
                 them
                 by
                 the
                 Act
                 :
              
               and
               which
               by
               the
               Power
               declared
               in
               that
               Act
               to
               be
               given
               him
               by
               
                 Holy
                 Scriptures
              
               ,
               he
               might
               have
               either
               continued
               to
               them
               ,
               or
               abridged
               or
               taken
               away
               the
               exercise
               thereof
               from
               them
               ,
               if
               he
               had
               pleas'd
               .
               And
               considering
               that
               the
               
                 Lex
                 Scandali
              
               doth
               equally
               oblige
               Kings
               as
               well
               as
               Subjects
               in
               Point
               of
               Conscience
               ,
               it
               is
               not
               to
               be
               wonder'd
               that
               that
               Tender-conscienced
               King
               did
               in
               that
               Conjuncture
               think
               himself
               obliged
               so
               equitably
               to
               make
               his
               Interpretation
               of
               that
               Statute
               as
               in
               complaisance
               with
               some
               of
               his
               Subjects
               who
               had
               took
               offence
               at
               Lay-Chancellors
               Power
               of
               Excommunicating
               ,
               to
               disable
               them
               to
               it
               .
            
             
               I
               told
               you
               before
               how
               that
               Pious
               Prince
               did
               in
               complaisance
               with
               the
               Fathers
               of
               our
               Church
               think
               himself
               obliged
               to
               exercise
               his
               Regal
               Power
               of
               interpreting
               or
               declaring
               ,
               and
               when
               in
               A.
               1637.
               he
               issued
               out
               his
               
                 Proclamation
                 Declaring
                 that
                 the
                 Bishops
                 holding
                 their
                 Courts
                 and
                 issuing
                 Process
                 in
                 their
                 own
                 Names
                 were
                 not
                 against
                 the
                 Laws
                 of
                 the
                 Realm
                 ,
              
               and
               that
               the
               Iudges
               resolutions
               were
               notify'd
               therein
               to
               that
               purpose
               ,
               and
               that
               the
               ferment
               
               about
               that
               Point
               was
               setled
               ,
               and
               the
               Bishops
               issuing
               out
               their
               Processes
               ,
               was
               setled
               too
               ;
               the
               which
               Proclamation
               too
               you
               will
               find
               Mr.
               Bagshaw
               mentions
               in
               his
               
                 second
                 Argument
              
               ,
               where
               p.
               40.
               he
               tells
               you
               of
               
                 the
                 Bishop's
                 having
                 procured
                 a
                 Proclamation
                 ,
              
               A.
               1637.
               
                 declaring
                 the
                 Opinions
                 of
                 the
                 Iudges
                 ,
                 that
                 the
                 Statute
                 of
              
               1
               o
               Edw.
               6.
               c.
               2.
               
                 is
                 repeal'd
                 and
                 of
                 no
                 force
                 at
                 this
                 day
                 ,
              
               and
               
                 that
                 Bishops
                 may
                 keep
                 Courts
                 in
                 their
                 own
                 Names
                 .
              
               And
               I
               shall
               now
               tell
               you
               ,
               that
               as
               in
               the
               year
               1637.
               the
               Bishops
               were
               in
               so
               full
               and
               peaceable
               possession
               of
               their
               Privilege
               of
               issuing
               out
               of
               their
               Processes
               in
               their
               own
               names
               ,
               by
               means
               of
               what
               His
               Majesty
               had
               declared
               pursuant
               to
               the
               Resolutions
               unanimously
               given
               by
               all
               the
               Iudges
               and
               the
               Barons
               of
               the
               Exchequer
               (
               and
               of
               which
               Sir
               
                 E.
                 Coke
              
               saith
               ,
               Inst.
               2.
               
                 that
                 they
                 are
                 for
                 Matters
                 of
                 Law
                 of
                 highest
                 Authority
                 next
                 to
                 the
                 Court
                 of
                 Parliament
                 )
              
               so
               by
               Iudgment
               of
               Parliament
               the
               settlement
               of
               that
               Controversie
               by
               virtue
               of
               His
               Majesty's
               Declarative
               Power
               so
               exercised
               ,
               was
               afterward
               approved
               .
            
          
           
             
               A.
               
            
             
               That
               is
               a
               thing
               I
               would
               gladly
               hear
               of
               ;
               for
               one
               would
               think
               that
               the
               exercise
               of
               the
               Regal
               Power
               of
               Declaring
               or
               Interpreting
               what
               relates
               to
               an
               Act
               of
               Parliament
               might
               occasionally
               heighten
               a
               ferment
               in
               stead
               of
               abating
               it
               .
            
          
           
             
               B.
               
            
             
               You
               will
               find
               little
               or
               no
               cause
               if
               you
               consult
               our
               ancient
               English
               Story
               (
               and
               there
               see
               how
               the
               mutual
               Confidence
               between
               King
               and
               People
               hath
               in
               several
               Ages
               supported
               the
               Government
               )
               to
               fancy
               that
               Declaratory
               Proclamations
               relating
               to
               Acts
               of
               Parliament
               did
               make
               any
               ferment
               .
               The
               Interpretation
               of
               the
               Statutes
               hath
               in
               all
               Causes
               between
               Party
               and
               Party
               ,
               and
               wherein
               meum
               and
               tuum
               and
               Property
               are
               concern'd
               ,
               been
               by
               ancient
               usage
               under
               our
               Kings
               still
               left
               to
               the
               Iudges
               :
               and
               the
               Proclamations
               of
               our
               Princes
               on
               great
               emergent
               occasions
               in
               the
               State
               declaring
               or
               interpreting
               their
               Laws
               pursuant
               to
               the
               Supreme
               Power
               committed
               to
               them
               by
               God
               for
               the
               good
               of
               their
               People
               ,
               hath
               still
               been
               observ'd
               to
               tend
               both
               to
               the
               good
               of
               the
               People
               and
               the
               Laws
               too
               .
               If
               you
               will
               look
               on
               all
               the
               Declaratory
               Proclamations
               in
               the
               Reigns
               of
               Queen
               Elizabeth
               and
               King
               Iames
               ,
               of
               which
               you
               have
               a
               Collection
               ,
               you
               will
               (
               I
               believe
               )
               find
               none
               but
               what
               were
               acceptable
               among
               all
               their
               Loyal
               Subjects
               .
            
             
               But
               as
               to
               this
               Declaratory
               Proclamation
               of
               King
               Charles
               the
               First
               before-mention'd
               ,
               you
               will
               find
               it
               (
               as
               I
               told
               you
               )
               approved
               in
               Parliament
               .
               And
               if
               you
               will
               please
               to
               consult
               in
               your
               Statute-Book
               the
               Act
               of
               13
               o
               Car.
               2.
               c.
               12.
               of
               which
               the
               title
               is
               
                 Explanation
                 of
                 a
                 Clause
                 contain'd
                 in
                 an
                 Act
                 of
                 Parliament
                 made
                 in
                 the
                 17th
                 year
                 of
                 the
                 late
                 King
              
               Charles
               ,
               
                 Entituled
                 an
                 Act
                 for
                 repeal
                 of
                 a
                 branch
                 of
                 a
                 Statute
              
               1
               o
               Elizabethae
               ,
               
                 Concerning
                 Commissioners
                 for
                 Causes
                 Ecclesiastical
              
               ,
               you
               will
               there
               find
               that
               this
               Act
               of
               the
               late
               King
               's
               loyal
               long
               Parliament
               ,
               viz.
               13
               o
               Car.
               2.
               hath
               in
               it
               three
               Proviso's
               .
               The
               first
               is
               concerning
               the
               
                 High
                 Commission-Court
              
               :
               the
               
                 second
                 Proviso
              
               is
               concerning
               the
               taking
               away
               the
               Oath
               
                 ex
                 officio
              
               .
               And
               the
               
                 third
                 Proviso
              
               is
               ,
               to
               limit
               and
               confine
               the
               Power
               of
               Ecclesiastical
               Judges
               in
               all
               their
               Proceedings
               to
               
                 what
                 WAS
                 and
                 by
                 Law
                 might
                 be
                 used
                 before
                 the
                 year
              
               1639
               ,
               which
               plainly
               includes
               ,
               allows
               and
               approves
               King
               Charles
               the
               
               First
               's
               Proclamation
               in
               the
               year
               1637.
               
            
             
               In
               the
               time
               of
               a
               former
               disloyal
               long
               Parliament
               ,
               the
               Regal
               Power
               of
               Interpreting
               or
               declaring
               was
               by
               them
               represented
               as
               a
               Gravamen
               ,
               and
               while
               yet
               they
               usurp'd
               that
               Power
               themselves
               .
               If
               you
               will
               look
               on
               the
               
                 Declaration
                 of
                 the
                 Lords
                 and
                 Commons
                 ,
                 in
              
               Husband's
               Collections
               ,
               p.
               686.
               you
               will
               there
               find
               they
               say
               ,
               
                 It
                 is
                 high
                 time
                 for
                 the
                 whole
                 Kingdom
                 now
                 to
                 understand
                 that
                 His
                 Majesty's
                 Authority
                 is
                 more
                 in
                 his
                 Courts
                 without
                 his
                 Person
                 then
                 in
                 his
                 Person
                 without
                 his
                 Courts
                 ,
                 when
                 the
                 Power
                 of
                 DECLARING
                 Law
                 shall
                 be
                 deny'd
                 to
                 the
                 whole
                 Court
                 of
                 Parliament
                 in
                 particular
                 Causes
                 before
                 them
                 ,
              
               
               (
               
                 for
                 we
                 have
                 claim'd
                 it
                 ,
                 we
                 have
                 exercised
                 it
                 no
                 otherwise
                 to
                 be
                 obligatory
                 as
                 a
                 judicial
                 Declaration
                 of
                 the
                 Law
                 )
                 and
                 shall
                 be
                 attributed
                 to
                 His
                 Majesty
                 to
                 do
                 it
                 in
                 general
                 by
                 his
                 Proclamation
                 without
                 relation
                 to
                 a
                 particular
                 Case
                 ,
                 and
                 making
                 his
                 Interpretation
                 of
                 the
                 Law
                 to
                 be
                 a
                 rule
                 in
                 all
                 Cases
                 ,
                 as
                 in
                 divers
                 late
                 Proclamations
                 he
                 hath
                 done
                 .
              
               And
               if
               you
               will
               look
               on
               
                 His
                 Majesty's
                 Answer
                 to
                 the
                 Declaration
                 of
                 b●…th
                 Houses
                 of
                 Parliament
                 of
              
               July
               1.
               1642.
               you
               will
               find
               there
               very
               many
               Profound
               Observations
               and
               Presidents
               ,
               and
               Authorities
               of
               Law
               ,
               and
               wherein
               he
               several
               times
               refers
               to
               
                 the
                 happy
                 times
                 of
                 that
                 good
                 Queen
              
               Elizabeth
               ,
               as
               well
               as
               to
               ancient
               Times
               ,
               and
               he
               thence
               taking
               his
               measures
               ,
               saith
               in
               p.
               15.
               
               
                 The
                 King
                 caus'd
                 Proclamations
                 to
                 be
                 made
                 ;
                 for
                 in
                 such
                 Cases
                 Proclamations
                 declaratory
                 were
                 not
                 conceiv'd
                 in
                 those
                 times
                 to
                 be
                 illegal
                 ▪
              
               &c.
               
            
             
               And
               you
               may
               easily
               imagine
               this
               Power
               of
               authentick
               Interpretation
               very
               well
               Consistent
               with
               the
               just
               Power
               of
               the
               House
               of
               Lords
               in
               declaring
               the
               Law
               in
               a
               particular
               Case
               :
               of
               which
               I
               occasionally
               mention'd
               to
               you
               the
               late
               Earl
               of
               
               Anglesy's
               opinion
               .
               But
               how
               not
               only
               the
               Lords
               ,
               but
               the
               House
               of
               Commons
               did
               often
               during
               the
               late
               Rebellion
               encroach
               on
               the
               Regal
               Power
               of
               declaring
               ,
               and
               by
               Ordinances
               without
               and
               against
               the
               King's
               consent
               ,
               I
               shall
               some
               other
               time
               shew
               you
               at
               large
               .
            
          
           
             
               A.
               
            
             
               Can
               you
               readily
               now
               at
               this
               time
               give
               any
               instance
               of
               the
               House
               of
               Commons
               th●…n
               doing
               any
               thing
               of
               that
               Nature
               ?
            
          
           
             
               B.
               
            
             
               Yes
               :
               and
               I
               can
               refer
               ●…ou
               for
               the
               fact
               of
               it
               to
               
                 The
                 Declaration
                 of
                 King
              
               Charles
               
                 the
                 First
                 ,
                 of
              
               August
               12.
               1642.
               
                 to
                 all
                 his
                 l●…ving
                 Subjects
              
               ;
               and
               who
               there
               mention●…
               ▪
               
                 That
                 after
                 several
                 in
                 imations
                 of
                 Treasons
                 ,
                 PLOTS
                 ,
                 and
                 Conspiracies
                 〈◊〉
                 the
                 Papists
                 ,
                 of
                 great
                 Provisions
                 of
                 Arms
                 by
                 them
                 ,
                 and
                 training
                 Men
                 under-ground
                 ,
                 and
                 many
                 other
                 false
                 Reports
                 created
                 ,
                 spread
                 and
                 countenanced
                 by
                 themselves
                 upon
                 some
                 general
                 Apprehensions
                 of
                 Designs
                 against
                 them
                 ,
                 a
                 Protestation
                 is
                 made
                 in
                 the
                 House
                 of
                 Commons
                 for
                 Union
                 and
                 Consent
                 among
                 themselves
                 to
                 perform
                 those
                 Duties
                 which
                 (
                 if
                 they
                 had
                 meant
                 no
                 more
                 then
                 they
                 had
                 express'd
                 )
                 had
                 been
                 sufficiently
                 provided
                 for
                 by
                 the
                 Oaths
                 they
                 had
                 already
                 taken
                 ,
                 and
                 which
                 their
                 former
                 Duties
                 obliged
                 them
                 to
                 .
                 Hereupon
                 a
                 Protestation
                 is
                 framed
                 ,
                 and
                 being
                 put
                 into
                 such
                 words
                 as
                 no
                 honest
                 man
                 could
                 believe
                 himself
                 obliged
                 by
                 it
                 to
                 any
                 unlawful
                 Action
                 ,
                 was
                 voluntarily
                 taken
                 by
                 all
                 the
                 Members
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 and
                 presently
                 recommended
                 to
                 the
                 House
                 of
                 Lords
                 ,
                 where
                 it
                 receiv'd
                 the
                 same
                 Countenance
                 :
                 that
                 is
                 was
                 look'd
                 upon
                 as
                 containing
                 nothing
                 in
                 it self
                 unlawful
                 ,
                 tho
                 some
                 Members
                 of
                 that
                 House
                 refused
                 to
                 take
                 it
                 as
                 being
                 voluntary
                 ,
                 and
                 not
                 imposed
                 by
                 any
                 lawful
                 Authority
                 .
                 Then
                 't
                 is
                 recommended
                 to
                 the
                 City
                 of
              
               London
               ,
               
                 and
                 over
                 all
                 the
                 Kingdom
                 by
                 Order
                 from
                 the
                 House
                 of
                 Commons
                 (
                 a
                 strange
                 and
                 unheard
                 of
                 Usurpation
                 )
                 to
                 be
                 taken
                 by
                 all
                 Persons
                 .
                 But
                 within
                 very
                 few
                 days
                 ,
                 upon
                 Conference
                 among
                 themselves
                 ,
                 and
                 among
                 those
                 Clergymen
                 who
                 daily
                 sollicite
                 their
                 unlawful
                 and
                 unwarrantable
                 Designs
                 with
                 the
                 People
                 ,
                 they
                 find
                 they
                 were
                 by
                 this
                 Protestation
                 so
                 far
                 from
                 having
                 drawn
                 People
                 into
                 their
                 Combination
                 ,
                 that
                 in
                 truth
                 all
                 men
                 conceiv'd
                 that
                 they
                 were
                 even
                 engaged
                 by
                 it
                 against
                 their
                 main
                 Design
                 ,
                 by
                 promising
                 to
                 defend
                 the
                 true
                 Reform'd
                 Protestant
                 Religion
                 express'd
                 in
                 the
                 Doctrine
                 of
                 the
                 Church
                 of
              
               England
               :
            
             
               
                 And
                 thereupon
                 some
                 Persons
                 of
                 that
                 Faction
                 prevail'd
                 ,
                 that
                 after
                 the
                 Members
                 of
                 the
                 Houses
                 had
                 taken
                 it
                 ,
                 a
                 Declaration
                 was
                 set
                 forth
                 by
                 the
                 House
                 of
                 Commons
                 ,
                 that
                 by
                 those
                 words
                 The
                 Doctrine
                 of
                 the
                 Church
                 of
                 England
                 ,
                 was
                 intended
                 only
                 so
                 far
                 as
                 it
                 was
                 opposite
                 to
                 Popery
                 ,
                 and
                 Popish
                 innovations
                 ,
                 and
                 that
                 the
                 words
                 were
                 not
                 to
                 be
                 extended
                 to
                 the
                 maintenance
                 of
                 the
                 Discipline
                 and
                 Government
                 ,
              
               &c.
               
                 and
                 so
                 under
                 this
                 Explication
                 and
                 Declaration
                 publish'd
                 only
                 by
                 the
                 House
                 of
                 Commons
                 ,
                 and
                 never
                 assented
                 to
                 by
                 the
                 House
                 of
                 Peers
                 ,
                 this
                 Protestation
                 was
                 directed
              
               
               
                 to
                 be
                 generally
                 taken
                 throughout
              
               England
               .
               
                 And
                 to
                 that
                 purpose
                 a
                 Bill
                 is
                 drawn
                 ,
                 passed
                 the
                 House
                 of
                 Commons
                 ,
                 and
                 sent
                 up
                 to
                 the
                 House
                 of
                 Lords
                 ,
                 who
                 at
                 the
                 second
                 Reading
                 finding
                 many
                 particulars
                 in
                 it
                 unfit
                 to
                 be
                 so
                 severely
                 imposed
                 upon
                 the
                 Subjects
                 absolutely
                 rejected
                 .
              
            
             
               You
               see
               here
               again
               an
               Instance
               of
               the
               Prudence
               of
               the
               great
               
                 Consiliarii
                 Na●…i
              
               ,
               His
               Majesty's
               
                 great
                 Councel
              
               ,
               in
               not
               aiding
               the
               Faction
               against
               Prerogative
               in
               that
               Point
               .
               For
               tho
               on
               the
               account
               of
               His
               Majesty's
               tacit
               Dispensation
               by
               way
               of
               Connivence
               presumed
               in
               that
               Conjuncture
               ,
               many
               of
               the
               Loyal
               of
               the
               Church
               of
               England
               did
               take
               that
               Protestation
               and
               concur
               in
               the
               recommendation
               (
               His
               Majesty
               not
               having
               Prohibited
               the
               taking
               of
               it
               ,
               as
               he
               did
               a●…terward
               by
               a
               Proclamation
               forbid
               the
               taking
               of
               the
               Covenant
               )
               ●…et
               when
               it
               was
               visible
               that
               such
               an
               Interpretation
               so
               encroaching
               on
               the
               Church
               of
               England
               ,
               and
               on
               Prerogative
               ,
               was
               design'd
               without
               and
               against
               His
               Majesty's
               Approbation
               to
               be
               imposed
               on
               the
               People
               ;
               it
               is
               not
               to
               be
               wonder'd
               that
               the
               Lords
               (
               as
               things
               then
               were
               )
               rejected
               a
               Bill
               of
               that
               Nature
               .
            
             
               But
               it
               follows
               then
               in
               His
               Majesty's
               
                 Declaration
                 ,
                 
                   Yet
                   of
                   this
                   we
                   took
                   no
                   notice
                   ,
                   but
                   pressed
                   still
                   the
                   Disbanding
                   of
                   the
                   Armies
                
              
               ,
               &c.
               so
               that
               the
               ferment
               about
               the
               Protestation
               ,
               and
               the
               trouble
               it
               gave
               the
               Kingdom
               by
               the
               Super-induced
               Interpretation
               ,
               were
               in
               a
               short
               time
               over
               .
            
          
           
             
               A.
               
            
             
               You
               having
               from
               the
               occasion
               given
               you
               by
               Queen
               
               Elizabeth's
               Power
               of
               interpreting
               ,
               and
               by
               her
               dispensing
               with
               disability
               in
               all
               who
               took
               the
               Oath
               of
               Supremacy
               according
               to
               the
               sense
               notify'd
               in
               
                 The
                 Admonition
              
               ,
               referr'd
               my
               thoughts
               often
               to
               the
               Regal
               Power
               of
               interpreting
               ,
               and
               having
               in
               the
               beginning
               of
               our
               Discourse
               this
               meeting
               ,
               left
               it
               to
               me
               t●…
               consider
               how
               much
               
                 the
                 Power
                 of
                 Dispensing
                 with
                 any
                 Law
                 may
                 be
                 thought
                 ●…o-incident
                 with
                 interpreting
                 ,
              
               and
               promised
               me
               that
               you
               would
               some
               other
               time
               shew
               me
               at
               large
               that
               
                 the
                 Dispensing
                 with
                 Laws
                 is
                 in
                 effect
                 the
                 equitable
                 interpreting
                 that
                 in
                 such
                 and
                 such
                 Cases
                 and
                 Circumstances
                 they
                 were
                 not
                 intended
                 and
                 ought
                 not
                 to
                 bind
                 ,
                 but
                 ought
                 to
                 be
                 relax'd
                 ,
              
               I
               shall
               be
               glad
               if
               before
               we
               part
               ,
               you
               would
               do
               it
               .
            
          
           
             
               B.
               
            
             
               I
               had
               rather
               do
               it
               at
               our
               next
               meeting
               .
               And
               if
               in
               the
               mean
               time
               you
               please
               to
               entertain
               your self
               with
               Bishop
               
               Taylor
               's
               
                 Ductor
                 Dubitantium
              
               ,
               you
               will
               there
               find
               much
               learnedly
               writ
               of
               this
               subject
               .
               And
               he
               there
               in
               l.
               3.
               c.
               6.
               particularly
               tells
               us
               ,
               that
               
                 the
                 Interpretation
                 of
                 Laws
                 made
                 by
                 Iudges
                 ,
                 is
                 matter
                 of
                 Fidelity
                 ,
                 and
                 nothing
                 of
                 Empire
                 and
                 Power
                 :
                 and
                 it
                 is
                 a
                 good
                 probable
                 warranty
                 of
                 Conscience
                 ,
                 ●…ut
                 no
                 final
                 Determination
                 in
                 case
                 any
                 doubt
                 happen
                 to
                 oppose
                 it
                 .
                 No
                 man
                 is
                 to
                 ask
                 favour
                 of
                 the
                 Iudge
                 ,
                 but
                 of
                 the
                 Prince
                 he
                 may
                 .
              
               And
               he
               had
               before
               said
               ,
               
                 That
                 when
                 the
                 Power
                 that
                 made
                 the
                 Law
                 doth
                 interpret
                 it
                 ,
                 the
                 Interpretation
                 is
                 authentical
                 and
                 ●…bligeth
                 Conscience
                 as
                 much
                 as
                 the
                 Law
                 ,
                 and
                 can
                 release
                 the
                 Bond
                 of
                 Conscience
                 as
                 far
                 forth
                 as
                 the
                 Interpretation
                 extends
                 ,
                 as
                 if
                 the
                 Law
                 were
                 abrogated
                 ,
                 and
                 that
                 whether
                 it
                 be
                 by
                 declaring
                 the
                 meaning
                 of
                 the
                 Law
                 ,
                 or
                 by
                 abating
                 the
                 rigour
                 ,
                 or
                 by
                 dispensing
                 in
                 the
                 Case
                 ,
                 or
                 enlarging
                 the
                 Favour
                 ,
                 or
                 restraining
                 the
                 Severity
                 ,
                 it
                 is
                 all
                 one
                 as
                 to
                 the
                 event
                 of
                 the
                 Obligation
                 of
                 Conscience
                 .
              
            
          
           
             
               A.
               
            
             
               But
               it
               seems
               then
               that
               he
               makes
               the
               declaring
               or
               interpreting
               the
               meaning
               of
               a
               Law
               ,
               and
               dispensing
               to
               be
               different
               things
               .
            
          
           
             
               B.
               
            
             
               He
               had
               an
               excellent
               Metaphysical
               head
               :
               and
               his
               Method
               of
               writing
               in
               that
               Chapter
               ,
               
                 Of
                 the
                 Several
                 ways
                 of
                 the
                 changing
                 of
                 Humane
                 Laws
                 ,
              
               was
               partly
               after
               the
               Example
               of
               Suarez
               in
               his
               Book
               
                 De
                 Legibus
              
               ,
               and
               who
               was
               a
               voluminous
               Writer
               of
               Metaphysicks
               ,
               and
               writing
               of
               any
               Subject
               could
               not
               
                 recedere
                 ab
                 arte
                 suâ
              
               in
               that
               Learning
               that
               is
               so
               infinitely
               prolifick
               of
               Artificial
               distinctions
               without
               Natural
               differences
               .
            
             
             
               I
               mention'd
               the
               
               Bishop's
               but
               
                 PARTLY
                 writing
              
               after
               the
               way
               of
               Suarez
               ;
               for
               he
               was
               far
               from
               crumbling
               the
               weightier
               Points
               of
               the
               Law
               into
               the
               Minutiae
               of
               Metaphysicks
               as
               the
               other
               did
               ;
               and
               he
               in
               his
               excellent
               Preface
               doth
               very
               passionately
               complain
               of
               Moral
               Theology
               ,
               having
               been
               made
               an
               Art
               of
               the
               Schools
               ,
               and
               that
               
                 what
                 God
                 had
                 made
                 plain
                 ,
                 Men
                 have
                 intricated
              
               ;
               and
               for
               that
               purpose
               saith
               ,
               
                 There
                 is
                 a
                 Rule
                 among
                 the
                 Lawyers
                 ,
                 which
                 very
                 much
                 relates
                 to
                 the
                 Conscience
                 of
                 those
                 Men
                 who
                 are
                 engaged
                 in
                 Suits
                 and
                 Sentences
                 of
                 Law
                 in
                 all
                 Countrys
                 which
                 are
                 ruled
                 by
                 the
                 Civil
                 Law
                 ,
              
               in
               quolibet
               Actu
               requiritur
               Citatio
               :
               
                 of
                 this
                 Rule
              
               Porcius
               
                 brings
                 an
                 hundred
                 and
                 sixteen
              
               Ampliations
               ,
               
                 and
                 an
                 hundred
                 and
                 twenty
                 four
              
               Limitations
               ,
               &c.
               
               And
               thus
               Suarez
               in
               his
               6th
               Book
               
                 De
                 Legibus
              
               ,
               (
               and
               the
               Title
               of
               which
               Book
               is
               ,
               
                 The
                 Interpretation
                 ,
                 Cessation
                 and
                 change
                 of
                 Humane
                 Laws
              
               )
               hath
               there
               Twenty
               seven
               Chapters
               concerning
               the
               same
               :
               and
               where
               his
               first
               Chapter
               is
               ,
               
                 Of
                 the
                 way
                 of
                 rightly
                 Interpreting
                 an
                 Humane
                 Law
                 :
              
               his
               2d
               ,
               
                 Of
                 the
                 Extension
                 in
                 them
                 by
                 Interpretation
                 of
                 them
                 :
              
               and
               his
               
                 3d
                 ,
                 Of
                 the
                 Extension
                 to
                 a
                 Case
                 not
                 Comprehended
                 :
              
               his
               4th
               ,
               
                 Doubts
                 of
                 the
                 Extension
                 of
                 Laws
                 :
              
               his
               5th
               ,
               
                 Of
                 the
                 Restriction
                 by
                 Interpretation
              
               :
               his
               6th
               ,
               
                 Of
                 the
                 Ceasing
                 of
                 the
                 Obligation
                 of
                 a
                 Law
                 in
                 particular
                 Contrary
                 to
                 its
                 words
                 :
              
               his
               7th
               ,
               
                 Of
                 the
                 Excusing
                 of
                 a
                 Law
                 by
                 Equity
                 :
              
               his
               8th
               ,
               
                 Of
                 the
                 Use
                 of
                 Equity
                 without
                 recourse
                 to
                 the
                 Prince
                 :
              
               his
               9th
               ,
               
                 Of
                 the
                 Ceasing
                 of
                 a
                 Law
                 upon
                 its
                 Cause
                 ceasing
                 :
              
               his
               10th
               ,
               
                 Of
                 Dispensation
                 in
                 an
                 Humane
                 Law
                 :
              
               his
               11th
               ,
               
                 Of
                 the
                 Effects
                 of
                 Dispensation
              
               :
               his
               12th
               ,
               
                 Of
                 the
                 Material
                 Cause
                 of
                 Dispensation
                 :
              
               his
               13th
               ,
               
                 Of
                 the
                 form
                 of
                 Dispensation
              
               ;
               and
               so
               on
               in
               the
               others
               with
               much
               Metaphysical
               subtlety
               .
            
             
               But
               the
               Bishop
               in
               his
               before-mention'd
               Third
               Book
               and
               6th
               Chapter
               ,
               viz.
               
                 Of
                 the
                 Interpretation
                 ,
                 Diminution
                 and
                 Abrogation
                 of
                 Humane
                 Laws
                 ,
              
               brings
               in
               but
               seven
               ways
               of
               the
               changing
               of
               humane
               Laws
               ,
               so
               that
               the
               Obligation
               of
               Conscience
               is
               also
               changed
               ;
               whereof
               his
               first
               is
               by
               Equity
               .
               His
               second
               is
               by
               Interpretation
               .
               His
               third
               ,
               by
               a
               
                 Contrary
                 ,
                 or
                 a
                 ceasing
                 reason
                 .
              
               And
               his
               fourth
               by
               Dispensation
               ,
               &c.
               and
               of
               which
               latter
               he
               saith
               ,
               
                 If
                 we
                 use
                 the
                 word
                 improperly
                 ,
                 Dispensation
                 can
                 signifie
                 a
                 Declaration
                 made
                 by
                 the
                 Superior
                 that
                 the
                 Subject
                 in
                 certain
                 Cases
                 is
                 not
                 obliged
                 ,
                 that
                 the
                 Law-giver
                 did
                 not
                 intend
                 it
                 ,
              
               &c.
               
                 but
                 when
                 Dispensation
                 signifies
                 Properly
                 ,
                 it
                 means
                 an
                 Act
                 of
                 mere
                 Grace
                 and
                 Favour
                 proceeding
                 from
                 an
                 extrinsick
                 Cause
                 ;
                 that
                 is
                 ,
                 not
                 the
                 Nature
                 of
                 the
                 thing
                 ,
                 or
                 the
                 merit
                 of
                 the
                 Cause
                 ,
                 but
                 either
                 the
                 merit
                 of
                 the
                 Person
                 ,
                 or
                 some
                 degrees
                 of
                 reasonableness
                 in
                 the
                 thing
                 ,
                 which
                 not
                 being
                 of
                 it self
                 enough
                 to
                 procure
                 the
                 favour
                 of
                 the
                 Law
                 ,
                 is
                 of
                 it self
                 enough
                 to
                 make
                 a
                 man
                 capable
                 of
                 the
                 Favour
                 of
                 the
                 Prince
                 ,
              
               &c.
               
            
             
               But
               as
               here
               in
               this
               nice
               distinction
               ,
               he
               is
               enforced
               to
               make
               him
               who
               doth
               dispensare
               to
               do
               that
               which
               the
               Canonists
               make
               the
               
                 ratio
                 nominis
              
               of
               it
               ,
               namely
               
                 diversa
                 pensare
              
               ,
               and
               in
               the
               Scales
               of
               Equity
               to
               weigh
               and
               interpret
               the
               degrees
               of
               the
               reasonableness
               of
               the
               thing
               ,
               so
               in
               his
               handling
               of
               the
               
               Prince's
               Power
               of
               interpreting
               ,
               he
               makes
               Equity
               Co-incident
               with
               it
               ,
               and
               refers
               to
               the
               Law
               in
               the
               Code
               ,
               viz.
               
                 Inter
                 aequitatem
                 jusque
                 interpositam
                 interpretationem
                 nobis
                 solis
                 &
                 oportet
                 &
                 licet
                 inspicere
                 :
              
               and
               his
               instances
               of
               that
               Power
               of
               Interpretation
               are
               referr'd
               to
               the
               favours
               shew'd
               by
               it
               to
               Persons
               ,
               and
               particularly
               to
               
               Solomon's
               absolving
               Abiathar
               
                 from
                 the
                 Sentence
                 of
                 Death
                 ,
                 because
                 he
                 had
                 formerly
                 done
                 worthily
                 to
                 the
                 Interests
                 of
                 his
                 Father
              
               David
               .
               And
               then
               saith
               ,
               
                 Now
                 this
                 Power
                 tho
                 it
                 may
                 be
                 done
                 by
                 Interpretation
                 ,
                 yet
                 when
                 it
                 is
                 administred
                 by
                 the
                 Prince
                 ,
                 it
                 is
                 most
                 commonly
                 by
                 way
                 of
                 Pardon
                 ,
                 absolute
                 Power
                 and
                 Prerogative
                 .
                 When
                 a
                 Law
                 determines
                 that
                 under
                 such
                 an
                 Age
                 a
                 Person
                 shall
                 be
                 UNCAPABLE
                 of
                 being
                 the
                 General
                 of
                 an
                 Army
                 ,
                 the
                 Supreme
                 Power
                 can
                 declare
                 the
                 meaning
                 of
                 the
                 Law
                 to
                 be
                 ,
                 unless
                 a
                 great
                 excellency
                 of
                 Courage
                 and
                 maturity
                 of
                 Iudgment
                 supply
                 the
                 want
                 of
                 years
                 :
                 in
                 which
                 very
                 Case
                 ,
              
               Scipio
               Africanus
               
                 said
                 wisely
                 ,
                 when
                 he
                 desir'd
                 to
                 be
                 employ'd
                 in
                 the
              
               Punick
               
               War
               ,
               Se
               sat
               annorum
               habiturum
               si
               populus
               Romanus
               voluerit
               .
               Thus
               Tiberius
               put
               Nero
               
                 into
                 the
                 Senate
                 at
                 Fifteen
                 years
                 of
                 Age
                 ,
                 and
                 so
                 did
              
               Augustus
               
                 the
                 like
                 to
              
               Tiberius
               
                 and
                 his
                 Brother
                 :
                 and
                 the
                 People
                 declar'd
                 or
                 dispens'd
                 with
                 the
                 Law
                 in
              
               Pompey
               '
               
                 s
                 Case
                 ,
                 and
                 allow'd
                 him
                 a
                 triumph
                 before
                 he
                 had
                 been
              
               Consul
               or
               Praetor
               .
               And
               he
               had
               before
               said
               ,
               
                 When
                 the
                 Law-giver
                 interprets
                 his
                 Law
                 ,
                 he
                 doth
                 not
                 take
                 off
                 the
                 Obligation
                 of
                 his
                 Law
                 ,
              
               (
               i.
               e.
               meaning
               the
               Obligation
               of
               his
               Law
               in
               general
               )
               
                 but
                 declares
                 that
                 in
                 such
                 a
                 Case
                 it
                 was
                 not
                 intended
                 to
                 oblige
                 .
              
               Tacitus
               
                 tells
                 of
                 a
                 Roman
                 Knight
                 ,
                 who
                 having
                 sworn
                 to
                 his
                 Wife
                 that
                 he
                 would
                 never
                 be
                 divorced
                 from
                 her
                 ,
                 was
                 by
              
               Tiberius
               
                 dispens'd
                 with
                 ,
                 when
                 he
                 had
                 taken
                 her
                 in
                 the
                 unchaste
                 Embraces
                 of
                 his
                 Son-in-Law
                 .
                 The
                 Emperor
                 then
                 declared
                 ,
                 that
                 the
                 Knight
                 had
                 only
                 obliged
                 himself
                 not
                 to
                 be
                 divorced
                 ,
                 unless
                 a
                 great
                 Cause
                 should
                 intervene
                 .
              
            
             
               And
               thus
               Suarez
               himself
               in
               his
               said
               10th
               Chapter
               ,
               
                 De
                 Dispensatione
                 in
                 lege
                 humanâ
              
               makes
               Dispensation
               apply'd
               to
               signifie
               an
               act
               
                 quo
                 quis
                 ab
                 obligatione
                 legis
                 eximitur
                 ,
              
               and
               saith
               ,
               
                 quia
                 unus
                 modus
                 esse
                 potest
                 per
                 Interpretationem
                 ,
                 ideo
                 potuit
                 etiam
                 in
                 eâ
                 significatione
                 usurpari
                 :
                 tamen
                 in
                 hac
                 etiam
                 significatione
                 sumpta
                 ,
                 non
                 quamcunque
                 interpretationem
                 legis
                 ,
                 sed
                 illam
                 solam
                 quae
                 in
                 casu
                 dubio
                 ,
                 &
                 per
                 potestatem
                 superioris
                 datur
                 ad
                 liberandum
                 subditum
                 ab
                 obligatione
                 legis
                 significat
                 :
                 quia
                 haec
                 tantum
                 est
                 Actus
                 administrationis
                 &
                 potestatis
                 ADEO
                 Commissae
                 .
                 Et
                 illa
                 tantum
                 tollit
                 aliquo
                 modo
                 onus
                 legis
                 ,
                 quod
                 sine
                 tali
                 potestate
                 auferri
                 non
                 posset
                 :
              
               and
               so
               (
               saith
               he
               )
               't
               is
               agreed
               on
               by
               all
               that
               Dispensation
               is
               an
               Act
               of
               
                 Iurisdiction
                 :
                 but
                 't
                 is
                 drawn
                 into
                 the
                 Law
                 to
                 signifie
                 the
                 taking
                 away
                 the
              
               vinculum
               
                 of
                 the
                 Law
                 in
                 particular
                 Cases
                 ,
                 and
                 so
                 we
                 generally
                 use
                 it
                 .
              
            
          
           
             
               A.
               
            
             
               But
               Metaphysicks
               apart
               .
               I
               shall
               not
               trouble
               my self
               about
               
                 what
                 is
                 what
              
               ,
               but
               what
               is
               my
               Duty
               by
               virtue
               of
               my
               Oath
               .
               And
               I
               observe
               ,
               that
               what
               you
               cited
               out
               of
               the
               Bishop
               ,
               viz.
               
                 That
                 when
                 the
                 Power
                 that
                 made
                 the
                 Law
                 doth
                 interpret
                 ,
                 the
                 Interpretation
                 is
                 authentical
                 ,
              
               &c.
               may
               render
               him
               no
               favourer
               of
               an
               Interpretation
               not
               made
               in
               Parliament
               by
               the
               Legislative
               Power
               .
            
          
           
             
               B.
               
            
             
               I
               shall
               sometime
               at
               our
               meeting
               again
               observe
               to
               you
               what
               the
               Bishop
               hath
               there
               asserted
               ,
               l.
               3.
               c.
               3.
               that
               
                 Kings
                 have
                 a
                 Legislative
                 Power
                 in
                 the
                 Affairs
                 of
                 Religion
                 and
                 the
                 Church
                 ,
              
               and
               where
               he
               saith
               ,
               
                 that
                 the
                 LEAST
                 part
                 of
                 this
                 Power
                 is
                 to
                 permit
                 the
                 free
                 exercise
                 of
                 it
                 ,
                 and
                 to
                 remove
                 all
                 Impediments
                 ,
                 and
                 to
                 give
                 it
                 Advantages
                 of
                 free
                 Assemblies
                 ,
                 and
                 Competent
                 maintenance
                 ,
                 and
                 Publick
                 Encouragements
                 ,
              
               &c.
               
               And
               shall
               then
               shew
               you
               what
               Power
               
                 Circa
                 Sacra
              
               the
               Church
               of
               England
               with
               great
               Prudence
               and
               Justice
               allow'd
               our
               Princes
               in
               the
               introducing
               the
               Reformation
               ,
               (
               and
               which
               its
               Constitutions
               and
               Canons
               have
               since
               owned
               )
               and
               from
               the
               allowance
               of
               which
               Power
               ,
               our
               great
               Church-men
               then
               knew
               there
               could
               be
               
                 vestigia
                 nulla
                 retrorsum
              
               in
               the
               Case
               of
               a
               Prince
               of
               any
               other
               Religion
               coming
               to
               the
               Crown
               .
            
             
               But
               I
               shall
               at
               present
               tell
               you
               that
               as
               to
               what
               I
               have
               mention'd
               to
               you
               out
               of
               Suarez
               and
               that
               Bishop
               ,
               altho
               you
               need
               neither
               now
               nor
               at
               any
               time
               to
               charge
               your
               memory
               with
               the
               subtlety
               of
               Distinctions
               ,
               and
               of
               the
               Propriè
               and
               
                 minus
                 Propriè
              
               when
               you
               are
               in
               eager
               pursuit
               of
               the
               substance
               of
               things
               ;
               you
               will
               find
               in
               both
               those
               Authors
               what
               is
               very
               substantial
               about
               the
               Doctrine
               of
               Dispensing
               :
               and
               what
               I
               have
               cited
               of
               their
               rendring
               Dispensing
               and
               Interpreting
               thus
               Co-incident
               is
               
                 à
                 propos
              
               ,
               and
               may
               mind
               you
               of
               Princes
               being
               both
               empow'red
               and
               obliged
               in
               Justice
               in
               their
               administration
               of
               the
               executive
               Power
               of
               their
               Laws
               to
               declare
               or
               interpret
               their
               Religionary
               Penal
               Laws
               as
               dispensable
               in
               relation
               to
               particular
               times
               and
               Persons
               .
               And
               you
               may
               therefore
               here
               call
               to
               mind
               that
               passage
               in
               the
               Council
               of
               Trent
               ,
               viz.
               
                 That
                 on
                 Fryar
              
               Adrian
               '
               s
               vociferating
               there
               about
               the
               Pope's
               dispensing
               
               being
               an
               Arbitrary
               favour
               ,
               Verdune
               the
               famous
               French
               Divine
               took
               him
               down
               with
               saying
               ,
               
                 that
                 it
                 is
                 a
                 fond
                 Perswasion
                 that
                 Dispensing
                 is
                 a
                 mere
                 favour
                 :
                 for
                 it
                 is
                 as
                 good
                 distribute
                 Iustice
                 as
                 what
                 is
                 most
                 so
                 .
                 And
                 the
                 Priest
                 sins
                 if
                 he
                 giveth
                 it
                 not
                 ;
                 for
                 it
                 is
                 nothing
                 else
                 but
                 a
                 right
                 Interpretation
                 of
                 Law.
              
               You
               may
               very
               well
               suppose
               that
               thoughts
               arising
               from
               those
               words
               in
               the
               Ordination
               of
               Bishops
               ,
               viz.
               
                 That
                 you
                 have
                 your
                 Authority
                 not
                 to
                 destroy
                 ,
                 but
                 to
                 save
                 :
                 not
                 to
                 hurt
                 ,
                 but
                 to
                 help
                 ,
              
               &c.
               
                 to
                 be
                 so
                 merciful
                 ,
                 as
                 not
                 to
                 be
                 remiss
                 :
                 so
                 to
                 administer
                 Discipline
                 ,
                 as
                 not
                 to
                 forget
                 Mercy
                 ,
              
               &c.
               have
               formerly
               inclined
               our
               Bishops
               in
               the
               Reigns
               of
               King
               Iames
               and
               King
               Charles
               the
               First
               to
               think
               themselves
               obliged
               to
               interpret
               and
               declare
               the
               Laws
               about
               Church
               discipline
               as
               dispensable
               ,
               and
               to
               dispense
               with
               them
               in
               the
               Cases
               of
               Mr.
               Hildersham
               and
               Mr.
               Dod
               ,
               as
               I
               told
               you
               at
               our
               last
               meeting
               .
               And
               can
               you
               here
               see
               an
               Act
               of
               Parliament
               that
               thus
               s●…tleth
               the
               Ordination
               of
               Bishops
               ,
               and
               which
               Act
               not
               only
               allows
               but
               requires
               them
               thus
               to
               
                 Interpretari
                 &
                 dispensare
                 in
                 lege
              
               ,
               or
               in
               an
               Act
               of
               Parliament
               ;
               and
               fancy
               it
               possible
               for
               the
               King
               (
               when
               as
               the
               Act
               of
               37
               o
               H.
               8.
               tells
               you
               that
               
                 Archbishops
                 ,
                 Bishops
                 ,
                 Archdeacons
                 and
                 other
                 Ecclesiastical
                 Persons
                 have
                 no
                 manner
                 of
                 Iurisdiction
                 Ecclesiastical
                 ,
                 but
                 by
                 ,
                 under
                 ,
                 and
                 from
                 His
                 Royal
                 Majesty
              
               )
               not
               to
               be
               empow'red
               to
               exercise
               such
               Jurisdiction
               ?
            
             
               And
               I
               may
               here
               add
               ,
               that
               when
               it
               is
               declared
               in
               the
               Statute
               of
               1
               o
               Eliz.
               c.
               2.
               that
               
                 the
                 Queen's
                 Majesty
                 may
                 orda●…
                 such
                 further
                 Ceremonies
                 and
                 Rites
                 as
                 may
                 be
                 most
                 for
                 the
                 advancement
                 of
                 God's
                 Glory
                 ,
              
               &c.
               will
               any
               one
               wonder
               at
               the
               Crowns
               relaxing
               the
               Penal
               Laws
               about
               Rites
               and
               Ceremonies
               in
               the
               Case
               of
               particular
               Persons
               ;
               and
               as
               Edward
               the
               6th
               (
               as
               is
               known
               )
               did
               in
               the
               Case
               of
               Bishop
               Hooper
               ?
               And
               if
               you
               have
               a
               mind
               to
               see
               an
               Act
               of
               Parliament
               ,
               that
               not
               only
               approves
               the
               Prince's
               remitting
               of
               his
               Penal
               Laws
               ,
               but
               what
               applauds
               some
               excess
               in
               so
               doing
               ,
               I
               can
               for
               that
               purpose
               direct
               you
               to
               the
               Act
               of
               1
               o
               Edw.
               6.
               c.
               12.
               in
               the
               beginning
               of
               which
               't
               is
               said
               ,
               
                 Nothing
                 being
                 more
                 Godly
                 ,
                 more
                 sure
                 ,
                 more
                 to
                 be
                 wish'd
                 and
                 desired
                 between
                 a
                 Prince
                 the
                 Supreme
                 Head
                 and
                 Ruler
                 ,
                 and
                 the
                 Subjects
                 ,
                 whose
                 Governor
                 and
                 Head
                 he
                 is
                 ,
                 then
                 on
                 the
                 Prince's
                 part
                 ,
                 great
                 Clemency
                 and
                 Indulgency
                 ,
                 and
                 rather
                 too
                 much
                 indulgency
                 and
                 remission
                 of
                 his
                 Royal
                 Power
                 and
                 just
                 Punishment
                 ,
                 then
                 exact
                 Severity
                 and
                 Iustice
                 to
                 be
                 shew'd
                 ,
              
               &c.
               
            
             
               But
               as
               when
               we
               were
               near
               the
               end
               of
               our
               former
               Conference
               ,
               you
               rightly
               observ'd
               that
               many
               perverse
               People
               would
               be
               
                 crying
                 out
              
               that
               
                 any
                 lawful
                 Dispensing
                 with
                 the
                 Laws
                 establish'd
                 ,
              
               was
               
                 Contradictio
                 in
                 adjecto
              
               ,
               so
               I
               shall
               now
               observe
               to
               you
               that
               any
               who
               to
               the
               diminishing
               from
               a
               Prince's
               Character
               of
               being
               just
               ,
               presume
               to
               insinuate
               it
               that
               a
               
               Prince's
               valuing
               himself
               on
               that
               Character
               ,
               and
               yet
               shewing
               mercy
               to
               some
               in
               releasing
               them
               from
               the
               Bonds
               and
               Penalties
               of
               some
               of
               his
               Laws
               ,
               is
               a
               Contradiction
               ,
               do
               appear
               to
               me
               great
               objects
               of
               Compassion
               in
               so
               erring
               .
               And
               for
               this
               I
               shall
               refer
               you
               to
               the
               
                 Happy
                 future
                 State
                 of
              
               England
               ,
               where
               in
               p.
               233.
               't
               is
               said
               that
               
                 He
                 who
                 separates
                 Mercy
                 from
                 Iustice
                 ,
                 is
                 unjust
                 to
                 the
                 very
                 name
                 of
                 Iustice
                 ,
                 and
                 robbeth
                 it
                 of
                 the
                 better
                 half
                 of
                 its
                 signification
                 ,
                 leaving
                 its
                 teeth
                 and
                 claws
                 ,
                 and
                 taking
                 away
                 its
                 heart
                 and
                 bowels
                 .
              
               Jarchas
               
                 the
                 Indian
                 ,
                 and
                 Chief
                 of
                 the
              
               Brachmans
               in
               Philostratus
               
                 is
                 brought
                 in
                 finding
                 fault
                 with
              
               Apollonius
               Tyaneus
               
                 and
                 others
                 of
                 the
                 Greeks
                 ,
                 for
                 that
                 they
                 confined
                 and
                 apply'd
                 the
                 word
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 to
                 those
                 only
                 who
                 do
                 no
                 wrong
                 to
                 one
                 another
                 ,
                 and
                 telling
                 them
                 that
                 they
                 were
                 in
                 an
                 error
                 ,
                 for
                 saith
                 he
                 among
                 the
                 Chiefest
                 Offices
                 of
                 Iustice
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 and
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 together
                 with
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 ought
                 to
                 be
                 reckon'd
                 up
                 .
                 And
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 and
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 just
                 and
                 kind
                 men
                 are
                 convertible
                 terms
                 in
              
               Aristophanes
               ,
               
                 and
                 joyn'd
                 both
                 together
                 in
              
               Plutarch
               :
               and
               Aristotle
               
                 saith
                 ,
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 ,
                 Moderation
                 or
                 Clemency
                 is
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 :
                 a
                 piece
                 of
                 justice
                 better
                 then
                 all
                 justice
                 .
              
            
             
             
               And
               you
               will
               find
               Mr.
               Gregory
               there
               cited
               for
               relating
               it
               in
               his
               
                 Opus●…
                 .
                 That
                 the
                 Mahumetans
                 have
                 another
                 Lord's
                 Prayer
                 ,
                 call'd
                 by
                 them
                 the
                 Prayer
                 of
              
               Jesus
               
                 the
                 Son
                 of
              
               Mary
               ,
               
                 and
                 that
                 endeth
                 thus
                 ,
                 And
                 let
                 not
                 such
                 a
                 one
                 bear
                 rule
                 over
                 me
                 that
                 will
                 have
                 no
                 Mercy
                 on
                 me
                 ,
                 for
                 thy
                 Mercies
                 sake
                 ,
                 O
                 thou
                 most
                 merciful
                 .
              
            
          
           
             
               A.
               
            
             
               I
               say
               Amen
               to
               that
               Petition
               ;
               and
               do
               at
               the
               same
               time
               pay
               my
               thanks
               to
               Heaven
               for
               that
               one
               doth
               
                 bear
                 rule
              
               over
               me
               ,
               in
               whose
               great
               
                 Genius
                 Iustice
              
               and
               Mercy
               do
               appear
               to
               the
               World
               as
               the
               same
               thing
               :
               and
               whose
               Iustice
               when
               ever
               any
               one
               shall
               come
               to
               Paint
               in
               Story
               ,
               he
               will
               not
               need
               to
               do
               it
               in
               the
               way
               of
               a
               half-face
               to
               hide
               any
               defect
               of
               Mercy
               :
               and
               wherein
               if
               any
               Prince
               be
               deficient
               ,
               his
               Historian
               will
               be
               put
               to
               do
               it
               in
               the
               way
               I
               mention'd
               ;
               and
               as
               Pliny
               tells
               us
               ,
               Appelles
               drawing
               the
               Face
               of
               a
               King
               who
               had
               but
               one
               Eye
               ,
               and
               intending
               to
               conceal
               that
               defect
               ,
               was
               put
               upon
               the
               Painting
               him
               turning
               his
               Visage
               a
               little
               away
               ,
               and
               so
               shewing
               but
               the
               one
               side
               of
               his
               Face
               :
               and
               from
               whence
               Pliny
               makes
               the
               Invention
               of
               that
               way
               of
               Painting
               to
               have
               come
               .
            
             
               But
               as
               I
               have
               now
               represented
               Iustice
               and
               Mercy
               to
               you
               to
               be
               the
               same
               thing
               ,
               so
               at
               some
               other
               meeting
               I
               shall
               shew
               you
               that
               Dispensation
               and
               Mercy
               are
               the
               same
               :
               And
               in
               the
               mean
               while
               I
               shall
               tell
               you
               that
               there
               was
               a
               time
               namely
               throughout
               the
               Reign
               of
               Queen
               Elizabeth
               ,
               and
               in
               part
               of
               the
               Reign
               of
               King
               Iames
               the
               First
               ,
               when
               the
               Learning
               about
               Dispensations
               was
               not
               in
               England
               ,
               Dark
               learning
               ,
               but
               generally
               understood
               ,
               and
               that
               not
               only
               by
               the
               Writers
               of
               the
               Church
               of
               England
               ,
               but
               by
               the
               Puritan
               Writers
               :
               and
               I
               shall
               shew
               you
               when
               this
               learning
               went
               to
               sleep
               ,
               and
               which
               I
               account
               not
               to
               have
               been
               again
               awaken'd
               till
               in
               the
               Conjuncture
               of
               Thomas
               and
               
               Sorrel's
               Case
               .
               But
               when
               I
               come
               to
               entertain
               you
               with
               the
               learned
               Notions
               about
               it
               out
               of
               some
               of
               our
               
                 Church
                 of
              
               England
               -
               Writers
               ,
               I
               believe
               you
               will
               not
               in
               the
               least
               startle
               at
               the
               thoughts
               of
               your
               Prince's
               dispensing
               with
               disability
               .
            
             
               One
               of
               those
               Writers
               writ
               of
               the
               Subject
               before
               Suarez
               ,
               and
               whose
               Book
               I
               suppose
               that
               our
               Excellent
               Bishop
               Taylor
               happen'd
               not
               to
               have
               read
               ,
               because
               I
               met
               with
               no
               references
               to
               it
               in
               his
               
                 Ductor
                 dubitantium
              
               ,
               and
               where
               probably
               there
               had
               been
               many
               ,
               had
               the
               Bishop
               read
               it
               .
               The
               Book
               speaks
               the
               Author
               to
               have
               been
               profoundly
               knowing
               in
               the
               Civil
               and
               Canon
               Law
               ,
               and
               not
               unacquainted
               with
               the
               
                 Lex
                 terrae
              
               ,
               and
               one
               who
               (
               I
               think
               )
               made
               a
               great
               figure
               in
               the
               Administration
               of
               the
               Discipline
               of
               the
               Church
               of
               England
               ,
               and
               whose
               great
               talents
               might
               probably
               cause
               our
               great
               Church-men
               then
               to
               engage
               him
               for
               their
               Champion
               against
               some
               of
               the
               Puritan
               Writers
               ,
               who
               look'd
               with
               an
               evil
               eye
               on
               the
               Regal
               dispensing
               with
               disability
               or
               incapacity
               in
               many
               of
               our
               Clergy-men
               .
               And
               as
               when
               of
               old
               some
               of
               the
               English-understandings
               were
               employ'd
               in
               the
               writing
               of
               School-Divinity
               ,
               they
               penetrated
               as
               far
               into
               the
               Subtleties
               of
               it
               as
               those
               of
               any
               Nation
               ,
               so
               I
               may
               tell
               you
               that
               (
               in
               my
               poor
               opinion
               )
               that
               Author
               hath
               writ
               of
               the
               Learning
               of
               Dispensations
               both
               with
               all
               the
               subtlety
               and
               solidity
               requisite
               ,
               and
               more
               substantially
               then
               Suarez
               .
               I
               shall
               lay
               the
               Book
               before
               you
               at
               our
               next
               meeting
               ,
               but
               shall
               now
               tell
               you
               ,
               that
               as
               to
               some
               Points
               we
               have
               been
               discoursing
               ,
               he
               observes
               that
               
                 There
                 is
                 a
                 Dispensation
                 call'd
                 of
                 Iustice
                 ,
                 as
                 it
                 were
                 ,
                 an
                 Interpretation
                 or
                 Declaration
                 of
                 the
                 true
                 meaning
                 of
                 the
                 Law
              
               juxta
               aequum
               &
               bonum
               :
               
                 and
                 he
                 cites
                 the
                 Canon
                 Law
                 to
                 prove
                 that
                 Dispensation
                 is
                 a
                 due
                 ,
                 for
                 that
                 the
                 Precept
                 of
                 Mercy
                 is
                 common
                 to
                 all
                 .
              
               And
               I
               may
               tell
               you
               here
               ,
               that
               if
               you
               will
               look
               on
               your
               
               Durand's
               Speculum
               in
               his
               first
               Volume
               ,
               where
               he
               writes
               so
               copiously
               of
               Dispensing
               ,
               his
               style
               is
               ,
               
                 Dispensatio
                 sive
                 misericordia
              
               .
            
          
           
             
               A.
               
            
             
               You
               have
               taken
               care
               enough
               to
               make
               my
               entertainment
               in
               this
               meeting
               end
               with
               an
               appetite
               for
               another
               ;
               and
               the
               rather
               for
               that
               nothing
               
               is
               more
               pleasant
               to
               me
               then
               to
               find
               an
               Historical
               account
               of
               the
               Progress
               of
               any
               Controverted
               Point
               of
               any
               learning
               that
               hath
               made
               a
               ferment
               in
               Church
               or
               State.
               And
               tho
               as
               the
               course
               of
               Providence
               hath
               made
               the
               knowledge
               of
               this
               learning
               to
               be
               the
               
                 opus
                 diei
              
               ,
               and
               so
               the
               Ignorance
               of
               some
               ,
               and
               Malice
               of
               others
               hath
               made
               it
               look'd
               on
               as
               angry
               work
               ,
               and
               as
               frightful
               as
               a
               Comet
               ,
               and
               as
               odious
               as
               if
               it
               were
               to
               bring
               us
               under
               a
               torrid
               Zone
               ▪
               yet
               (
               I
               think
               )
               your
               having
               surrounded
               the
               Nature
               of
               Dispensation
               ,
               with
               such
               mild
               and
               gentle
               Rays
               as
               to
               represent
               it
               to
               be
               of
               the
               nature
               of
               the
               
                 Sol
                 justitiae
              
               with
               healing
               in
               its
               wings
               ,
               must
               needs
               engage
               the
               knowing
               to
               bid
               it
               welcom
               with
               a
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               and
               make
               all
               their
               animosities
               and
               ferments
               about
               it
               to
               be
               soon
               over
               .
            
          
           
             
               B.
               
            
             
               Truly
               I
               do
               not
               suppose
               that
               any
               knowing
               man
               can
               have
               an
               aversion
               against
               it
               ,
               and
               that
               this
               Learning
               
                 non
                 habet
                 inimicum
                 nisi
                 ignorantem
              
               .
            
             
               And
               that
               you
               may
               continue
               in
               your
               judgment
               of
               any
               ferment
               about
               the
               Dispensative
               Power
               being
               soon
               over
               ,
               I
               can
               refer
               you
               to
               another
               
                 Iudgment
                 of
                 Parliament
              
               ,
               wherein
               a
               great
               tenderness
               for
               this
               branch
               of
               Prerogative
               is
               shewn
               ,
               namely
               in
               the
               Statute
               of
               
                 Octavo
                 Elizabethae
              
               ,
               c.
               6.
               and
               to
               which
               that
               Excellent
               and
               Learned
               Person
               ,
               and
               great
               Ornament
               of
               the
               Law
               ,
               Sir
               
                 Robert
                 Atkins
              
               (
               as
               you
               will
               find
               it
               in
               Keble
               ,
               Vol.
               3.
               )
               referring
               in
               his
               Argument
               in
               
                 Chomas
                 and
                 Sortell's
                 Case
              
               saith
               ,
               8.
               
               
                 Eliz.
                 cap.
              
               6.
               
                 takes
                 notice
                 of
                 Licence
                 to
                 dispense
                 with
                 such
                 Laws
                 as
                 were
              
               pro
               bono
               publico
               ;
               
                 yet
                 doth
                 not
                 forbid
                 it
                 ,
                 but
                 rather
                 compounds
                 the
                 matter
                 .
              
            
             
               It
               hath
               been
               the
               luck
               of
               Dispensation
               to
               meet
               with
               an
               ill
               name
               from
               some
               of
               our
               famous
               Writers
               ,
               who
               tell
               us
               that
               there
               were
               no
               such
               things
               as
               Dispensation
               or
               Non-obstante
               heard
               of
               till
               they
               came
               from
               Rome
               here
               in
               the
               year
               of
               our
               Lord
               1240.
               
                 and
                 that
                 afterward
                 Kings
                 learn'd
                 from
                 Popes
                 to
                 dispense
                 with
                 their
                 Laws
                 ,
                 whereas
                 before
                 they
                 caus'd
                 their
                 Laws
                 to
                 be
                 observ'd
                 like
                 those
                 of
                 the
              
               Medes
               and
               Persians
               ;
               as
               the
               
                 Irish
                 Reports
              
               tell
               you
               in
               the
               Case
               of
               Commendams
               ,
               and
               whereupon
               Mr.
               Prynne
               on
               the
               
                 Fourth
                 Part
                 of
                 the
                 Institutes
              
               ,
               c.
               22.
               treating
               largely
               of
               Non-obstantes
               calls
               them
               
                 Papal
                 Engines
              
               .
               And
               our
               old
               Monkish
               Writers
               have
               been
               quoted
               for
               bestowing
               the
               terms
               of
               
                 legum
                 vulnera
                 ,
                 infames
                 nuncii
              
               ,
               and
               repagalum
               ,
               &c.
               on
               Dispensations
               and
               Non-obstantes
               .
            
             
               But
               I
               shall
               at
               our
               meeting
               again
               shew
               you
               that
               the
               practice
               of
               Dispensing
               may
               easily
               be
               traced
               to
               the
               Imperial
               Laws
               :
               and
               this
               you
               may
               soon
               find
               ,
               if
               you
               will
               look
               on
               Dr.
               
                 Donne's
                 Pseudo-Martyr
              
               that
               you
               have
               by
               you
               ,
               and
               where
               you
               may
               guess
               at
               the
               age
               of
               Dispensations
               ,
               by
               his
               referring
               you
               in
               p.
               40.
               to
               the
               
                 Divinae
                 Indulgentiae
              
               ,
               in
               the
               Digests
               ,
               and
               his
               telling
               you
               out
               of
               the
               Code
               that
               Theodosius
               and
               
                 Valentinian
                 making
                 a
                 Law
                 with
                 a
              
               Non-obstante
               
                 did
                 praeclude
                 all
                 Dispensations
                 which
                 the
                 Emperors
                 themselves
                 might
                 grant
                 ,
                 in
                 these
                 words
                 ,
              
               Si
               coeleste
               proferatur
               oraculum
               ,
               aut
               divina
               pragmatica
               Sanctio
               .
            
             
               And
               if
               you
               will
               look
               on
               
               Gothofred's
               Notes
               on
               the
               
                 L.
                 Iubemus
                 .
                 C.
                 De
                 Sacrosanctis
                 Ecclefiis
                 &
                 de
                 rebus
                 &
                 Privilegiis
                 earum
                 ,
              
               cited
               by
               the
               Doctor
               there
               ,
               you
               will
               thus
               find
               it
               in
               those
               
                 Notes
                 :
                 Caeleste
                 oraculum
                 quid
                 est
                 ?
                 Principis
                 dispensatio
                 .
              
            
             
               There
               is
               another
               thing
               I
               have
               not
               had
               time
               now
               to
               Discourse
               with
               you
               about
               ,
               and
               that
               is
               of
               the
               Nature
               of
               Laws
               
                 in
                 terrorem
              
               ,
               as
               I
               intended
               ,
               and
               which
               suitably
               to
               the
               Wisdom
               of
               a
               Father
               in
               menacing
               a
               Child
               with
               cutting
               off
               his
               Head
               if
               he
               doth
               this
               or
               that
               thing
               ,
               are
               by
               the
               
                 Pater
                 Patriae
              
               and
               the
               Estates
               of
               the
               Realm
               sometimes
               lawfully
               made
               to
               intimidate
               men
               grown
               childish
               and
               vain
               ,
               by
               Sanctions
               of
               Punishments
               not
               intended
               to
               be
               executed
               according
               to
               the
               general
               tenour
               of
               such
               Laws
               .
               But
               as
               what
               may
               make
               for
               my
               purpose
               of
               shewing
               you
               how
               worthy
               it
               is
               of
               the
               Majesty
               of
               Princes
               
               to
               incorporate
               Mercy
               with
               Iustice
               in
               dispensing
               with
               many
               particular
               Persons
               ,
               and
               even
               to
               the
               freeing
               them
               from
               the
               terror
               of
               those
               Laws
               in
               some
               angry
               Conjunctures
               when
               others
               were
               to
               be
               affrighted
               with
               them
               ,
               I
               shall
               refer
               you
               to
               King
               Iames
               his
               Proclamation
               of
               Iune
               the
               10th
               ,
               in
               the
               year
               1606.
               and
               where
               having
               mentioned
               the
               Religion
               of
               the
               Roman-Catholicks
               ,
               he
               saith
               ,
               
                 We
                 de●…ïre
                 still
                 to
                 make
                 it
                 appear
                 in
                 the
                 whole
                 Course
                 of
                 of
                 our
                 Government
                 ,
                 that
                 we
                 are
                 far
                 from
                 accounting
                 all
                 those
                 Subjects
                 Dis●…oyal
                 that
                 are
                 that
                 way
                 affected
                 ,
                 and
                 that
                 we
                 do
                 DISTINGUISH
                 of
                 such
                 as
                 be
                 carry'd
                 only
                 with
                 blind
                 zeal
                 ,
                 and
                 such
                 as
                 sin
                 out
                 of
                 Presumption
                 ,
              
               &c.
               
                 and
                 therefore
                 as
                 after
                 times
                 must
                 give
                 us
                 tryal
                 of
                 ALL
                 mens
                 behaviour
                 ,
                 so
                 must
                 all
                 men
                 expect
                 that
                 their
                 own
                 deserts
                 must
                 be
                 the
                 only
                 measure
                 of
                 their
                 Fortunes
                 at
                 our
                 hands
                 either
                 one
                 way
                 or
                 other
                 :
              
               and
               having
               before
               spoke
               of
               the
               Gun-Powder
               Treason
               ,
               and
               the
               Doctrines
               of
               some
               Priests
               that
               might
               encourage
               it
               ,
               and
               said
               that
               
                 thereby
                 there
                 is
                 sufficient
                 Cause
                 to
                 justifie
                 the
                 Proceedings
                 of
                 us
                 and
                 our
                 said
                 Parliament
                 in
                 the
                 making
                 and
                 execution
                 of
                 these
                 last
                 and
                 all
                 other
                 former
                 Statutes
                 tending
                 to
                 the
                 same
                 end
                 ,
              
               it
               followeth
               ,
               
                 nevertheless
                 seeing
                 the
                 Soveraign
                 Care
                 appertains
                 to
                 us
                 who
                 have
                 the
                 Soveraign
                 Power
                 of
                 Iustice
                 in
                 our
                 hand
                 ,
                 and
                 the
                 Supreme
                 Dispensation
                 of
                 Clemency
                 and
                 Moderation
                 of
                 the
                 Severity
                 of
                 our
                 Laws
                 is
                 likewise
                 as
                 proper
                 to
                 us
                 to
                 use
                 ,
                 whensoever
                 we
                 shall
                 find
                 it
                 reasonable
                 ,
                 the
                 same
                 deserving
                 to
                 be
                 no
                 less
                 allow'd
                 in
                 us
                 (
                 being
                 in
                 our
                 Dominions
                 God's
                 Lieutenant
                 )
                 then
                 it
                 is
                 prais'd
                 in
                 him
                 among
                 whose
                 highest
                 titles
                 it
                 is
                 that
                 his
                 Mercy
                 is
                 above
                 all
                 his
                 Works
                 ,
              
               &c.
               
            
             
               The
               King
               in
               the
               beginning
               of
               his
               Proclamation
               having
               profess'd
               his
               Zeal
               for
               the
               Religion
               of
               the
               Church
               of
               England
               by
               Law
               Establish'd
               ,
               and
               his
               
                 constant
                 Resolution
                 for
                 the
                 maintenance
                 and
                 defence
                 thereof
                 ,
              
               said
               ,
               
                 Of
                 which
                 our
                 purpose
                 and
                 determination
                 ,
                 beside
                 all
                 other
                 our
                 former
                 proceedings
                 (
                 since
                 our
                 Entry
                 into
                 this
                 Kingdom
                 )
                 we
                 have
                 given
                 a
                 new
                 and
                 certain
                 Demonstration
                 by
                 such
                 two
                 Acts
                 as
                 have
                 been
                 passed
                 in
                 this
                 Session
                 of
                 our
                 Parliament
                 ,
                 both
                 tending
                 to
                 prevent
                 the
                 Dangers
                 and
                 diminish
                 the
                 number
                 of
                 those
                 who
                 adhering
                 to
                 the
                 Profession
                 of
                 the
                 Church
                 of
              
               Rome
               ,
               
                 are
                 blindly
                 led
                 (
                 together
                 with
                 the
                 Superstition
                 of
                 their
                 Religion
                 )
                 both
                 into
                 some
                 points
                 of
                 Doctrine
                 which
                 cannot
                 consist
                 with
                 the
                 Loyalty
                 of
                 Subjects
                 toward
                 their
                 Prince
                 ,
                 and
                 oft-times
                 into
                 direct
                 actions
                 of
                 Conspiracies
                 and
                 Conjurations
                 against
                 the
                 State
                 wherein
                 they
                 live
                 ,
                 as
                 hath
                 most
                 notoriously
                 appear'd
                 by
                 the
                 late
                 most
                 horrible
                 and
                 almost
                 incredible
                 Conjuration
                 ,
              
               &c.
               
               The
               
                 two
                 Acts
              
               there
               referr'd
               to
               are
               those
               that
               you
               will
               find
               in
               your
               Statute-Book
               ,
               Anno
               tertio
               Jacobi
               Regis
               ,
               cap.
               4.
               
               
                 An
                 Act
                 for
                 the
                 Discovering
                 and
                 repressing
                 Popish
                 Recusants
              
               (
               and
               in
               which
               the
               Oath
               of
               Allegiance
               is
               contain'd
               )
               and
               Cap.
               5.
               
               
                 An
                 Act
                 to
                 prevent
                 and
                 avoid
                 dangers
                 by
                 Popish
                 Recusants
                 ,
              
               and
               whereby
               Popish
               Recusants
               Convict
               are
               disabled
               from
               bearing
               Office.
               But
               here
               you
               see
               how
               that
               wise
               Prince
               so
               soon
               after
               so
               horrid
               a
               real
               Plot
               did
               by
               distinguishing
               in
               his
               Proclamation
               between
               the
               Principles
               of
               some
               Roman-Catholicks
               and
               others
               as
               to
               Loyalty
               ,
               and
               alluring
               the
               Loyal
               by
               the
               avow'd
               Dispensative
               Power
               of
               his
               Mercy
               ,
               and
               hiding
               them
               under
               the
               wings
               of
               his
               Mercy
               from
               the
               terror
               of
               his
               Laws
               and
               affording
               to
               
                 all
                 his
                 Subjects
              
               who
               should
               afterward
               behave
               themselves
               well
               ,
               a
               
                 Tabula
                 post
                 naufragium
              
               as
               to
               the
               expectance
               of
               making
               up
               their
               fortunes
               ,
               think
               himself
               obliged
               then
               to
               cause
               
                 his
                 Moderation
                 to
                 be
                 known
                 to
                 all
                 men
                 .
              
            
             
               And
               you
               may
               hence
               take
               occasion
               when
               you
               think
               of
               the
               many
               
                 Acts
                 in
                 terrorem
              
               in
               the
               Statute-Book
               ,
               and
               where
               there
               is
               no
               Proportion
               between
               the
               Crime
               and
               the
               Punishment
               ,
               and
               in
               some
               that
               seem
               inflictive
               of
               Punishments
               
               in
               the
               Case
               where
               men
               cannot
               be
               to
               any
               but
               the
               Searcher
               of
               hearts
               known
               to
               be
               Criminal
               at
               all
               (
               as
               for
               example
               in
               their
               owning
               some
               Problematick
               Points
               of
               the
               Christian
               Religion
               )
               to
               consider
               that
               most
               probably
               the
               Wisdom
               of
               the
               Government
               would
               not
               have
               pass'd
               them
               but
               on
               the
               Suppo●…ition
               of
               the
               Regal
               Power
               of
               dispensing
               therein
               ,
               expresly
               or
               tacitly
               .
               You
               see
               how
               the
               Laws
               commonly
               call'd
               Sang●…inary
               ,
               have
               been
               tacitly
               suspended
               :
               and
               I
               may
               tell
               you
               ,
               that
               tho
               I
               desire
               to
               live
               no
               longer
               then
               I
               shall
               be
               a
               maintainet
               of
               the
               
                 internal
                 Communion
              
               due
               from
               all
               Christians
               to
               all
               Christians
               as
               a
               part
               of
               that
               
                 Holiness
                 without
                 which
                 no
                 man
                 shall
                 see
                 God
              
               ;
               yet
               I
               should
               soon
               withdraw
               from
               the
               
                 external
                 Communion
              
               of
               the
               Church
               of
               England
               ,
               if
               it
               own'd
               the
               justness
               of
               such
               Laws
               otherwise
               then
               as
               
                 in
                 terrorem●…
              
               and
               if
               it
               owned
               the
               lawfulness
               of
               putting
               men
               to
               Death
               for
               the
               Profession
               of
               any
               Religionary
               Principles
               ,
               their
               liberty
               to
               prosess
               which
               was
               purchased
               for
               them
               by
               the
               Blood
               of
               their
               Redeemer
               .
               But
               I
               need
               not
               say
               more
               now
               about
               cautioning
               you
               or
               any
               one
               against
               the
               taking
               offence
               at
               any
               of
               our
               Laws
               ,
               Laws
               ,
               through
               want
               of
               considering
               which
               of
               them
               were
               designedly
               made
               for
               terror
               .
            
             
               I
               might
               here
               likewise
               as
               to
               many
               Acts
               about
               Trade
               that
               swell
               the
               Statute-Book
               apply
               the
               Consideration
               of
               the
               Regal
               Power
               of
               dispensing
               therein
               having
               encouraged
               our
               Ancestors
               to
               perpetuate
               them
               as
               Laws
               .
            
          
           
             
               A.
               
            
             
               The
               truth
               is
               you
               now
               put
               me
               in
               mind
               how
               I
               having
               long
               ago
               spent
               much
               time
               in
               considering
               the
               Trade
               and
               Traffick
               of
               our
               Country
               ,
               and
               of
               other
               Parts
               of
               Christendom
               ,
               and
               finding
               that
               shortly
               after
               His
               late
               Majesty's
               Restoration
               ,
               one
               of
               his
               Ministers
               had
               in
               a
               Publick
               Speech
               intimated
               it
               to
               the
               Parliament
               ,
               that
               
                 His
                 Majesty
                 had
                 setled
                 a
                 Councel
                 of
                 Trade
                 ,
                 consisting
                 of
                 some
                 of
                 the
                 Lords
                 of
                 his
                 Privy
                 Councel
                 ,
                 and
                 of
                 some
                 Gentlemen
                 of
                 Quality
                 and
                 Experience
                 ,
                 and
                 of
                 some
                 Principal
                 Merchants
                 of
                 the
                 Principal
                 Companies
                 ,
              
               I
               had
               the
               curiosity
               to
               look
               over
               their
               Iournals
               and
               their
               Advices
               ,
               and
               Reports
               to
               the
               King
               ,
               and
               there
               I
               found
               somewhat
               of
               the
               same
               notion
               with
               yours
               in
               one
               of
               their
               Reports
               to
               His
               Majesty
               .
               For
               there
               in
               one
               of
               their
               Papers
               of
               Advice
               addressed
               to
               the
               King
               ,
               taking
               notice
               that
               what
               they
               conceived
               fit
               to
               be
               done
               for
               the
               advancement
               of
               the
               Trade
               of
               the
               Realm
               ,
               was
               Prohibited
               by
               divers
               ancient
               Statutes
               ,
               they
               make
               them
               imply
               that
               the
               thing
               might
               be
               done
               by
               the
               King's
               licence
               or
               dispensing
               ,
               and
               whereupon
               they
               thus
               go
               on
               :
               
                 And
                 therefore
                 finding
                 this
                 Dispensation
                 to
                 be
                 your
                 Majesty's
                 Prerogative
                 preserv'd
                 entire
                 to
                 the
                 Crown
                 through
                 so
                 many
                 of
                 your
                 Royal
                 Progenitors
                 ,
                 we
                 have
                 not
                 thought
                 fit
                 to
                 touch
                 further
                 upon
                 this
                 Matter
                 ,
                 as
                 being
                 humbly
                 confident
                 that
                 your
                 Majesty's
                 Subjects
                 shall
                 upon
                 all
                 occasions
                 be
                 indulged
                 the
                 like
                 ,
                 if
                 not
                 more
                 ready
                 relief
                 and
                 accommodation
                 for
                 their
                 Trade
                 from
                 your
                 Majesty's
                 Royal
                 Grace
                 and
                 Bounty
                 :
                 only
                 because
                 the
                 Observation
                 was
                 obvious
                 ,
                 that
                 perhaps
                 all
                 former
                 Parliaments
                 purposely
                 left
                 this
                 door
                 open
                 to
                 the
                 People
                 by
                 the
                 Grace
                 of
                 the
                 King
                 to
                 be
                 reliev'd
                 with
                 those
                 dispensations
                 ,
                 as
                 foreseeing
                 how
                 difficult
                 ,
                 if
                 not
                 impossible
                 ,
                 or
                 how
                 inconvenient
                 at
                 least
                 it
                 might
                 be
                 altogether
                 to
                 restrain
              
               what
               those
               Statutes
               prohibited
               ,
               
                 we
                 could
                 not
                 omit
                 the
                 same
                 in
                 this
                 place
                 ,
              
               &c.
               
            
          
           
             
               B.
               
            
             
               And
               you
               have
               put
               me
               in
               mind
               how
               a
               very
               Loyal
               and
               judicious
               Gentleman
               of
               that
               Councel
               of
               Trade
               ,
               (
               and
               whom
               I
               look
               on
               to
               be
               as
               deeply
               study'd
               in
               the
               business
               of
               Trade
               and
               Traffick
               as
               any
               one
               of
               the
               age
               )
               was
               pleas'd
               once
               to
               give
               me
               his
               opinion
               in
               Discourse
               ,
               that
               a
               vast
               number
               of
               our
               Statutes
               made
               for
               the
               advancement
               of
               Trade
               did
               really
               depress
               it
               ;
               and
               he
               then
               told
               me
               ,
               that
               the
               making
               of
               one
               new
               Law
               against
               the
               giving
               Alms
               to
               Beggars
               in
               the
               High-way
               ,
               would
               enrich
               the
               Nation
               almost
               more
               then
               all
               our
               old
               Statutes
               .
            
          
           
             
               A.
               
            
             
               I
               have
               many
               times
               been
               apt
               to
               think
               so
               .
               And
               considering
               how
               great
               a
               part
               of
               Mankind
               every
               where
               the
               Credulous
               are
               ,
               and
               that
               the
               Beggars
               
               are
               a
               necessary
               Tax
               upon
               the
               Credulous
               ;
               as
               we
               must
               imagine
               that
               a
               great
               loss
               happens
               to
               the
               well-meaning
               People
               in
               the
               Nation
               through
               the
               Profusion
               of
               their
               Charity
               to
               Pa●…pers
               in
               the
               High
               ways
               or
               Streets
               ,
               so
               again
               considering
               the
               vast
               
                 numbers
                 ▪
              
               of
               such
               Pa●…pers
               ,
               and
               how
               valuable
               their
               Industry
               would
               be
               to
               the
               Publick
               ,
               if
               
                 Necessity
                 the
                 mother
                 of
                 Industry
              
               through
               their
               not
               being
               relieved
               in
               the
               High-ways
               or
               Streets
               made
               them
               advantageous
               to
               the
               Kingdom
               instead
               of
               being
               Nuisances
               to
               it
               ,
               one
               may
               easily
               guess
               that
               an
               Act
               of
               Parliament
               of
               that
               Nature
               would
               awaken
               Trade
               and
               Manufacture
               to
               a
               much
               higher
               Proportion
               than
               our
               many
               sleeping
               Statutes
               can
               do
               .
            
          
           
             
               B.
               
            
             
               Why
               ,
               then
               ;
               I
               must
               tell
               you
               what
               I
               told
               him
               ,
               namely
               ,
               that
               there
               is
               such
               a
               Statute
               in
               being
               ,
               and
               long
               ago
               made
               ,
               and
               that
               the
               execution
               of
               this
               Statute
               hath
               been
               in
               the
               populous
               Suburbs
               of
               our
               Metropolis
               (
               the
               places
               where
               Peggars
               do
               so
               much
               swarm
               )
               often
               awaken'd
               within
               these
               late
               years
               by
               the
               Middlesex-Iustices
               causing
               Printed
               Papers
               to
               be
               sent
               to
               the
               Church-wardens
               and
               Overseers
               of
               the
               Poor
               in
               the
               respective
               Parishes
               ,
               and
               with
               this
               Clause
               therein
               inserted
               ,
               
                 viz.
                 And
                 for
                 the
                 discouragement
                 of
                 all
                 idle
                 Vagabonds
                 and
                 Vagrants
                 ,
              
               &c.
               
                 all
                 Persons
                 are
                 hereby
                 desired
                 and
                 required
                 to
                 forbear
                 to
                 relieve
                 any
                 Beggars
                 at
                 their
                 doors
                 ,
                 or
                 in
                 any
                 other
                 kind
                 about
                 the
                 Streets
                 ,
                 on
                 pain
                 of
                 suffering
                 the
                 respective
                 Penalties
                 by
                 Law
                 provided
                 against
                 all
                 such
                 Offenders
                 .
              
            
          
           
             
               A.
               
            
             
               I
               never
               before
               heard
               of
               this
               Penal
               Law.
               
            
          
           
             
               B.
               
            
             
               You
               may
               find
               it
               referr'd
               to
               ,
               and
               likewise
               what
               may
               shew
               you
               how
               it
               hath
               been
               tacitly
               dispensed
               with
               ,
               in
               my
               Lord
               
                 Hatton's
                 Treatise
                 of
                 Acts
                 of
                 Parliament
                 and
                 the
                 Exposition
                 thereof
                 ,
              
               c.
               5.
               
               
                 Of
                 Interpretation
                 of
                 Statutes
                 by
                 Equity
                 :
              
               and
               where
               he
               saith
               ,
               
                 The
                 Statute
                 of
              
               E.
               3.
               
                 ordaineth
                 ,
                 That
                 no
                 ma●…
                 upon
                 pain
                 of
                 Imprisonment
                 should
                 give
                 Alms
                 to
                 a
                 valtant
                 Beggar
                 .
                 Yet
                 if
                 one
                 meet
                 with
                 such
                 a
                 one
                 in
                 so
                 cold
                 weather
                 and
                 so
                 light
                 apparel
                 ,
                 that
                 if
                 he
                 have
                 no
                 Clothes
                 given
                 him
                 he
                 shall
                 die
                 before
                 he
                 comes
                 to
                 any
                 Town
                 ,
                 if
                 a
                 man
                 giveth
                 him
                 apparel
                 ,
                 he
                 offends
                 not
                 the
                 Law.
                 For
                 there
                 is
                 an
                 inward
                 dispensation
                 by
                 the
                 bond
                 of
                 Christian
                 Charity
                 and
                 Compassion
                 .
              
            
             
               But
               since
               humane
               Laws
               bind
               the
               Conscience
               ,
               we
               cannot
               without
               the
               Prince's
               tacit
               Consent
               rationally
               to
               be
               presumed
               ,
               thus
               give
               our selves
               the
               Latitude
               of
               an
               
                 internal
                 dispensation
              
               ,
               or
               relaxation
               from
               the
               band
               of
               that
               his
               Law
               :
               So
               that
               therefore
               when
               ever
               you
               gratifie
               your
               own
               indulgent
               disposition
               in
               relieving
               one
               in
               the
               Streets
               ,
               or
               
                 in
                 itinere
              
               whom
               you
               look
               on
               as
               one
               of
               
               God's
               Poor
               ,
               you
               are
               at
               the
               same
               time
               to
               be
               sensible
               of
               the
               Regal
               dispensative
               Power
               relieving
               your
               Conscience
               ,
               and
               legitimating
               that
               your
               intended
               Charity
               by
               Tacit
               Dispensation
               .
            
          
           
             
               A.
               
            
             
               You
               have
               often
               referr'd
               my
               Thoughts
               to
               consider
               the
               Nature
               of
               the
               Prince's
               Tacit
               dispensing
               .
               Do
               you
               account
               it
               to
               have
               any
               great
               spreading
               Influence
               on
               mens
               Consciences
               here
               in
               keeping
               them
               both
               innocent
               and
               quiet
               ?
            
          
           
             
               B.
               
            
             
               When
               we
               meet
               some
               other
               time
               ,
               I
               shall
               shew
               you
               the
               Universal
               influence
               of
               this
               kind
               it
               hath
               among
               all
               Orders
               and
               Degrees
               of
               our
               Prince's
               Subjects
               :
               and
               I
               shall
               then
               give
               you
               a
               full
               view
               of
               it
               .
            
          
           
             
               A.
               
            
             
               But
               will
               you
               then
               tell
               me
               of
               Disability
               being
               thus
               tacitly
               dispens'd
               with
               ,
               and
               with
               a
               salvo
               to
               Conscience
               as
               to
               the
               obligation
               of
               humane
               Laws
               ?
            
          
           
             
               B.
               
            
             
               Yes
               ;
               in
               many
               Cases
               .
               I
               have
               told
               you
               of
               one
               already
               when
               the
               Roman-Catholick
               Physicians
               were
               disabled
               by
               an
               Act
               of
               Parliament
               in
               the
               Reign
               of
               King
               Iames
               the
               First
               from
               Practising
               ,
               and
               when
               the
               Regal
               Tacit
               Dispensation
               proved
               an
               effectual
               Antidote
               to
               their
               Consciences
               against
               mortal
               Sin
               in
               the
               Case
               .
               But
               because
               you
               seem
               to
               be
               somewhat
               impatient
               to
               know
               another
               Case
               wherein
               the
               Tacit
               Dispensation
               with
               disability
               did
               thus
               operate
               ,
               I
               shall
               give
               you
               a
               home-case
               ,
               by
               desiring
               you
               to
               recollect
               how
               old
               you
               were
               
               when
               you
               were
               first
               chosen
               a
               Parliament
               man
               ,
               and
               then
               to
               read
               Mr.
               
               Prynne's
               Book
               publish'd
               A.
               1661.
               and
               call'd
               
                 Minors
                 no
                 Senators
                 ,
                 or
                 a
                 brief
                 Discourse
                 proving
                 Infants
                 under
              
               21
               
                 years
                 to
                 be
                 uncapable
                 in
                 point
                 of
                 Law
                 ,
              
               &c.
               
                 of
                 being
                 elected
                 or
                 admitted
                 Members
                 of
                 the
                 High
                 Court
                 of
                 Parliament
                 ,
              
               &c.
               
               He
               refers
               there
               to
               
                 Coke's
                 Institutes
              
               for
               rendring
               none
               eligible
               to
               be
               a
               
                 Knight
                 ,
                 Citizen
              
               or
               Burgess
               ,
               who
               is
               under
               the
               age
               of
               21
               years
               :
               and
               in
               p.
               5.
               he
               faith
               ,
               
                 the
                 Common
                 Law
                 of
              
               England
               
                 is
                 so
                 exact
                 and
                 curious
                 in
                 the
                 Election
                 of
                 all
                 Officers
                 of
                 an
                 inferior
                 Nature
                 ,
                 as
                 Coroners
                 ,
                 Verderers
                 ,
                 Keepers
                 of
                 Seals
                 for
                 Recognisances
                 ,
                 or
                 Statutes
                 Merchant
                 ,
                 Constables
                 ,
                 Bailiffs
                 ,
                 Mayors
                 ,
                 Clerks
                 and
                 others
                 ,
                 who
                 are
                 eligible
                 by
                 Writs
                 ,
                 Charters
                 or
                 Prescription
                 ,
                 that
                 it
                 expresly
                 requires
                 every
                 one
                 of
                 them
                 to
                 be
              
               idoneum
               hominem
               qui
               melius
               sciat
               &
               possit
               officium
               illud
               intendere
               ,
               
                 and
                 therefore
              
               (
               saith
               he
               )
               
                 much
                 less
                 ought
                 a
                 Minor
                 to
                 be
                 chosen
                 a
                 Knight
                 ,
                 Citizen
                 ,
                 or
                 Burgess
                 ,
              
               &c.
               
                 and
                 if
                 he
                 is
                 unable
                 to
                 be
                 an
                 Attorney
                 or
                 Proxy
                 to
                 assent
                 for
                 another
                 in
                 any
                 Court
                 of
                 Iustice
                 ,
                 much
                 more
                 then
                 in
                 a
                 Parliament
                 ,
                 the
                 supremest
                 Court.
              
               And
               in
               p.
               24.
               to
               the
               Objection
               that
               
                 some
                 Infants
                 under
              
               21
               
                 years
                 have
                 been
                 permitted
                 to
                 sit
                 in
                 former
                 Parliaments
                 ,
              
               he
               answers
               ,
               
                 that
                 no●…e
                 ever
                 sate
                 in
                 former
                 Parliaments
                 but
                 only
                 by
                 Connivence
                 ,
                 and
                 whose
                 Elections
                 were
                 never
                 question'd
                 ,
                 and
                 that
                 some
                 whose
                 Elections
                 were
                 question'd
                 ,
                 were
                 ejected
                 .
              
            
             
               And
               now
               as
               Bishop
               Sanderson
               in
               his
               7th
               Lecture
               ,
               viz.
               
                 De
                 Legum
                 humanarum
                 Causâ
                 efficiente
              
               ,
               speaking
               of
               
                 Laws
                 ceasing
                 to
                 oblige
                 by
                 contrary
                 Custom
                 ,
              
               makes
               that
               contrary
               Custom
               to
               be
               
                 nihil
                 aliud
                 quam
                 Conjuncta
                 populi
                 Consensio
                 eam
                 legem
                 ut
                 inutilem
                 observare
                 negligentis
                 ,
                 &
                 Consensio
                 principis
                 Observationem
                 ejus
                 non
                 exigentis
              
               ;
               and
               in
               his
               10th
               Lecture
               doth
               very
               judiciously
               distinguish
               the
               Prince's
               Consent
               about
               relaxing
               Subjects
               from
               the
               obligation
               of
               a
               Law
               into
               
                 that
                 which
                 is
                 express'd
              
               ,
               and
               
                 that
                 which
                 may
                 rationally
                 be
                 presumed
                 ,
              
               it
               was
               by
               this
               latter
               consent
               of
               your
               Prince
               so
               exuberantly
               indulgent
               in
               his
               Nature
               ,
               that
               you
               were
               brought
               off
               from
               Sin
               in
               the
               
                 forum
                 internum
              
               ,
               when
               you
               were
               both
               Senator
               and
               Minor
               ,
               and
               when
               you
               help'd
               on
               the
               making
               of
               Laws
               to
               disalle
               others
               ,
               and
               who
               have
               since
               made
               it
               a
               question
               whether
               the
               King
               could
               expresly
               or
               tacitly
               dispense
               with
               the
               incapacity
               that
               by
               means
               of
               your
               Vote
               ,
               and
               perhaps
               of
               other
               Minors
               ,
               passed
               to
               be
               enacted
               as
               a
               Punishment
               .
            
             
               But
               to
               speak
               frankly
               ,
               you
               will
               oblige
               me
               now
               we
               are
               so
               near
               parting
               ,
               to
               tell
               me
               of
               any
               one
               learned
               Man
               in
               the
               Profession
               of
               the
               Laws
               of
               any
               part
               of
               Christendom
               ,
               and
               particularly
               of
               our
               own
               Municipal
               ones
               ,
               who
               hath
               
                 ex
                 Professo
              
               and
               argumentatively
               writ
               of
               the
               Prince's
               Prerogative
               of
               dispensing
               with
               a
               Penal
               disability
               in
               particular
               Cases
               ,
               and
               deny'd
               it
               .
            
          
           
             
               A.
               
            
             
               I
               did
               not
               as
               to
               our
               
                 Lex
                 terrae
              
               account
               it
               tanti
               to
               set
               up
               the
               Judgment
               of
               any
               one
               particular
               man
               when
               you
               have
               entertain'd
               me
               with
               Iudgment
               of
               Parliament
               in
               the
               Case
               .
               But
               I
               am
               sure
               you
               cannot
               but
               know
               how
               that
               great
               Man
               in
               that
               great
               Case
               we
               have
               referr'd
               to
               ,
               I
               mean
               my
               Lord
               Chief
               Justice
               Vaughan
               in
               Thomas
               and
               
               Sorrel's
               Case
               ,
               seems
               to
               be
               of
               opinion
               that
               the
               King
               cannot
               dispense
               in
               the
               Case
               of
               Incapacity
               :
               He
               saith
               ,
               
                 the
                 reason
                 why
                 the
                 King
                 cannot
                 dispense
                 in
                 the
                 Cases
                 of
                 buying
                 Offices
                 and
                 Simoniacal
                 Presentations
                 is
                 because
                 the
                 Persons
                 were
                 made
                 incapable
                 to
                 hold
                 them
                 :
                 And
                 a
                 Person
                 incapable
                 is
                 as
                 a
                 dead
                 Person
                 ,
                 and
                 no
                 Person
                 at
                 all
                 as
                 to
                 that
                 wherein
                 he
                 is
                 incapable
                 ,
              
               &c.
               
            
          
           
             
               B.
               
            
             
               Tho
               that
               great
               Man
               hath
               not
               therein
               as
               in
               other
               Passages
               in
               his
               Argument
               ,
               discuss'd
               the
               Point
               argumentatively
               ,
               I
               shall
               yet
               pay
               so
               much
               respect
               to
               his
               opinion
               ,
               as
               to
               give
               decent
               Burial
               to
               his
               
                 dead
                 Man.
              
               But
               you
               see
               that
               after
               he
               had
               said
               ,
               
                 The
                 Reason
                 why
                 the
                 King
                 cannot
                 dispense
                 ,
              
               &c.
               
                 is
                 because
                 the
                 Persons
                 were
                 made
                 incapable
                 to
                 hold
                 them
                 ,
              
               he
               only
               gives
               it
               as
               a
               reason
               of
               their
               being
               uncapable
               ,
               and
               of
               the
               King
               's
               not
               being
               able
               to
               dispense
               in
               their
               
               Case
               ,
               viz.
               that
               they
               are
               dead
               Men
               ,
               
                 that
                 a
                 Person
                 uncapable
                 is
                 as
                 a
                 dead
                 Person
                 ,
              
               and
               whereby
               he
               giveth
               us
               a
               Magisterial
               
                 gratis
                 dictum
              
               ,
               or
               a
               
                 Petitio
                 Principii
              
               instead
               of
               what
               might
               deserve
               the
               name
               of
               a
               Reason
               ,
               or
               what
               might
               prove
               that
               the
               King
               could
               not
               dispense
               in
               the
               Case
               of
               one
               Politically
               dead
               ,
               or
               one
               dead
               in
               Law.
               I
               have
               formerly
               told
               you
               of
               the
               Saying
               used
               by
               Magerus
               ,
               and
               other
               
                 Civil
                 Law-writers
              
               ,
               that
               
                 Mors
                 civilis
                 naturali
                 non
                 aequiparatur
                 nisi
                 in
                 casibus
                 in
                 jure
                 expressis
                 .
              
               And
               there
               are
               Cases
               enow
               express'd
               there
               ,
               that
               shew
               how
               the
               Prince
               who
               is
               according
               to
               the
               style
               of
               Seneca
               ,
               viz.
               
                 Animus
                 Reipublicae
                 ,
                 illa
                 Corpus
                 suum
                 ,
              
               and
               
                 ille
                 spiritus
                 vitalis
                 quem
                 haec
                 tot
                 millia
                 trahunt
                 ,
              
               and
               who
               in
               the
               Scripture
               Phrase
               is
               
                 the
                 breath
                 of
                 our
                 Nostrils
              
               ,
               can
               according
               to
               the
               Law
               of
               the
               Land
               as
               I
               told
               you
               in
               the
               Case
               of
               Sir
               
                 Walter
                 Raleigh
              
               ,
               animate
               a
               Person
               dead
               in
               Law.
               
            
             
               And
               none
               need
               question
               why
               King
               Iames
               the
               Second
               cannot
               thus
               raise
               the
               dead
               as
               Queen
               Elizabeth
               did
               ,
               and
               King
               Iames
               the
               First
               ,
               or
               our
               following
               Princes
               ,
               and
               I
               may
               say
               as
               well
               as
               any
               who
               went
               before
               him
               .
               
                 Infames
                 dicuntur
                 civiliter
                 mortui
              
               is
               a
               common
               Saying
               ,
               but
               you
               see
               that
               
                 Fas
                 est
                 cuivis
                 Principi
                 maculosas
                 notas
                 vitiatae
                 opinionis
                 abstergere
              
               is
               as
               common
               .
               Thus
               too
               Magerus
               tells
               us
               ,
               that
               
                 Banniti
                 pro
                 mortuis
                 reputantur
              
               ,
               and
               we
               know
               that
               the
               Excommunicate
               may
               in
               some
               respect
               by
               reason
               of
               their
               temporary
               disability
               be
               termed
               so
               too
               .
            
             
               And
               if
               you
               will
               look
               on
               the
               Book
               call'd
               
                 Reformatio
                 legum
                 Ecclesiasticarum
              
               ,
               under
               the
               title
               
                 De
                 excommunicatione
              
               ,
               you
               will
               there
               in
               the
               Chapter
               of
               the
               
                 Denunciation
                 of
                 the
                 Excommunicate
              
               ,
               find
               the
               Minister
               enjoin'd
               to
               tell
               the
               
                 People
                 that
                 they
                 must
                 all
                 abstain
                 from
                 the
                 Excommunicate
                 Person
                 ,
              
               tanquam
               à
               Putri
               &
               Projecto
               membro
               ,
               
                 &c.
                 that
                 an
                 Excommunicate
                 Person
                 is
                 to
                 be
                 thrown
                 out
                 of
                 the
                 Church
                 as
                 a
                 dead
                 Carcass
                 :
              
               but
               you
               will
               there
               find
               in
               the
               
                 Formula
                 reconciliationis
                 excommunicatorum
              
               with
               what
               tenderness
               it
               is
               said
               
                 reum
                 hunc
                 charissimum
                 fratrem
                 membrum
                 assumamus
                 &
                 agnoscamus
                 Communis
                 in
                 Christo
                 nostri
                 corporis
                 :
                 &
                 intimus
                 ut
                 noster
                 affectus
                 in
                 hoc
                 corporis
                 nostri
                 recuperato
                 membro
                 testatior
                 sit
                 ,
              
               &c.
               and
               that
               the
               Pastor
               in
               the
               Absolution
               of
               that
               returning
               Prodigal
               who
               was
               dead
               and
               is
               
                 alive
                 again
              
               ,
               must
               in
               the
               administration
               of
               the
               
               King
               's
               Ecclesiastical
               Laws
               ,
               say
               
                 tibi
                 rursus
                 pristinum
                 in
                 Ecclesiâ
                 tuâ
                 locum
                 ,
                 &
                 plenum
                 jus
                 restitue
                 .
              
            
             
               Thus
               too
               at
               the
               end
               of
               the
               Canons
               ,
               A.
               1571.
               you
               will
               find
               the
               same
               style
               of
               tenderness
               in
               Vogue
               in
               Queen
               
               Elizabeth's
               time
               that
               was
               in
               Edward
               the
               6th's
               ,
               as
               likewise
               of
               the
               powerfulness
               in
               raising
               the
               dead
               .
               You
               see
               there
               a
               Form
               of
               the
               Sentence
               of
               Excommunication
               ,
               viz.
               
                 Fratres
                 quoniam
                 quicunque
                 profitemur
                 nomen
                 Christi
                 sumus
                 omnes
                 membrum
                 ejusdem
                 corporis
                 ,
                 &
                 par
                 est
                 ut
                 unum
                 membrum
                 alterius
                 membri
                 sensu
                 &
                 dolore
                 afficiatur
                 ,
              
               &c.
               
               And
               it
               being
               afterward
               mention'd
               ,
               that
               
                 the
                 Person
                 having
                 been
                 accused
                 of
                 such
                 a
                 Crime
                 ,
                 and
                 having
                 been
                 contumaciously
                 absent
                 ,
              
               it
               followeth
               ,
               
                 the
                 Bishop
                 in
                 God's
                 Name
                 and
                 by
                 his
                 Authority
                 hath
                 Excommunicated
                 such
                 a
                 one
                 from
                 the
                 Society
                 of
                 Christ's
                 Church
                 ,
              
               &
               tanquam
               membrum
               emortuum
               amputasse
               à
               Christi
               corpore
               ,
               &c.
               
                 that
                 you
                 may
                 shun
                 his
                 Company
                 :
              
               tamen
               ut
               Christiana
               charitas
               nos
               monet
               ,
               
                 let
                 us
                 pray
                 for
                 him
                 to
                 God
                 who
                 is
                 a
                 merciful
                 God
                 ,
                 and
                 who
                 can
              
               lapsos
               etiam
               à
               morte
               revocare
               .
            
             
               And
               you
               may
               take
               notice
               of
               what
               is
               said
               in
               Croke
               2d
               ,
               and
               Coke
               8th
               
                 Report
                 ,
                 Trollop's
                 Case
              
               about
               the
               King's
               Pardon
               raising
               the
               Excommunicate
               from
               this
               civil
               death
               ,
               and
               that
               a
               man
               need
               not
               be
               Absolved
               by
               the
               Church
               if
               the
               King
               Pardons
               .
               And
               thus
               Hobart
               ,
               Serle's
               Case
               ,
               p.
               294.
               shews
               you
               that
               after
               the
               discharge
               of
               a
               
                 Clerk
                 Convict
              
               ,
               he
               shall
               never
               be
               question'd
               in
               the
               Ecclesiastical
               Court
               for
               deprivation
               .
               You
               may
               likewise
               see
               it
               in
               Coke
               Inst.
               3.
               
               Chapter
               
                 Of
                 Pardons
              
               ,
               The
               King
               may
               Pardon
               one
               Convict
               of
               Heresie
               ,
               or
               of
               any
               other
               offence
               Punishable
               by
               the
               Ecclesiastical
               Law.
               
            
             
             
               You
               may
               too
               in
               that
               Chapter
               observe
               his
               tenderness
               for
               Prerogative
               ,
               where
               having
               mention'd
               that
               
                 by
                 the
                 13th
                 of
              
               R.
               2.
               
                 it
                 is
                 provided
                 that
                 no
                 Charter
                 of
                 Pardon
                 for
                 Murther
                 ,
              
               &c.
               
                 shall
                 be
                 allow'd
              
               &c.
               
                 if
                 they
                 be
                 not
                 specify'd
                 in
                 the
                 same
                 Charter
                 ,
                 and
                 that
                 before
                 that
                 Statute
                 by
                 the
                 Pardon
                 of
                 all
                 Felonies
                 ,
                 Treason
                 was
                 Pardon'd
                 ,
                 and
                 so
                 was
                 Murder
                 ;
                 and
                 at
                 this
                 day
                 by
                 the
                 pardon
                 of
                 all
                 Felonies
                 ,
                 the
                 death
                 of
                 a
                 Man
                 is
                 not
                 pardon'd
              
               ;
               he
               thus
               goeth
               on
               ,
               
                 these
                 are
                 excellent
                 Laws
                 for
                 direction
                 ,
                 and
                 for
                 the
                 Peace
                 of
                 the
                 Realm
                 .
                 But
                 it
                 hath
                 been
                 conceiv'd
                 (
                 which
                 we
                 will
                 not
                 question
                 )
                 that
                 the
                 King
                 may
                 DISPENSE
                 with
                 these
                 Laws
                 by
                 a
              
               Non-obstante
               ,
               
                 be
                 it
                 general
                 or
                 special
                 (
                 albeit
                 we
                 find
                 not
                 any
                 such
                 Clauses
                 of
              
               Non-obstante
               
                 but
                 of
                 late
                 times
                 )
                 These
                 Statutes
                 are
                 excellent
                 Instructions
                 for
                 a
                 Religious
                 and
                 Prudent
                 King
                 to
                 follow
                 ,
              
               but
               he
               doth
               not
               make
               them
               obligatory
               to
               him
               .
               My
               Lord
               Coke
               then
               saith
               ,
               
                 This
                 is
                 to
                 be
                 added
                 that
                 the
                 intention
                 of
                 the
                 said
                 Act
                 ,
              
               13.
               
               R.
               2.
               
                 was
                 not
                 that
                 the
                 King
                 should
                 grant
                 a
                 Pardon
                 of
                 Murther
                 by
                 express
                 Name
                 in
                 the
                 Charter
                 ,
                 but
                 because
                 the
                 whole
                 Parliament
                 conceiv'd
                 that
                 he
                 would
                 never
                 Pardon
                 Murther
                 by
                 special
                 Name
                 for
                 the
                 Causes
                 aforesaid
                 ,
                 therefore
                 was
                 that
                 Provision
                 made
                 which
                 was
                 grounded
                 on
                 the
                 Law
                 of
                 God
                 ,
              
               Quicunque
               effuderit
               humanum
               Sanguinem
               ,
               fundetur
               Sanguis
               illius
               ,
               &c.
               
               Nec
               aliter
               expiari
               potest
               ,
               nisi
               per
               ejus
               Sanguinem
               qui
               alterius
               Sanguinem
               effuderit
               .
               
                 His
                 Margin
              
               there
               cites
               Genes
               .
               9.
               6.
               
               Numb
               .
               35.
               33.
               
            
          
           
             
               A.
               
            
             
               But
               (
               by
               the
               way
               )
               do
               you
               think
               then
               that
               Sovereign
               Princes
               offend
               the
               Law
               of
               God
               in
               Pardoning
               Murther
               ?
            
          
           
             
               B.
               
            
             
               I
               do
               observe
               that
               many
               presume
               to
               censure
               Kings
               for
               so
               doing
               ,
               and
               are
               superstitiously
               misguided
               by
               thinking
               that
               those
               two
               places
               of
               Scripture
               referr'd
               to
               by
               my
               Lord
               Coke
               do
               necessarily
               make
               it
               a
               sin
               in
               Princes
               to
               Pardon
               Murther
               .
               But
               I
               shall
               when
               we
               meet
               again
               shew
               you
               the
               mistake
               of
               such
               therein
               ;
               and
               shall
               shew
               you
               that
               David
               at
               that
               time
               when
               the
               Law
               of
               God
               ,
               and
               the
               
                 lex
                 terrae
              
               was
               the
               same
               thing
               ,
               (
               and
               
                 who
                 had
                 Sworn
                 and
                 would
                 .
                 perform
                 it
                 ,
                 that
                 he
                 would
                 keep
                 God's
                 righteous
                 Iudgments
              
               )
               was
               not
               to
               be
               censured
               to
               have
               sinned
               either
               in
               the
               reprieve
               of
               Ioab
               who
               had
               murthered
               Amasa
               ,
               and
               Abner
               ,
               and
               in
               delaying
               the
               Execution
               of
               the
               Law
               ,
               and
               leaving
               it
               to
               Solomon
               his
               Son
               ,
               or
               in
               the
               Pardon
               of
               Absolon
               ,
               who
               had
               slain
               his
               Brother
               Ammon
               :
               and
               that
               when
               the
               Law
               faith
               in
               Numb
               .
               35.
               
               
                 The
                 Murtherer
                 shall
                 surely
                 be
                 put
                 to
                 death
                 ,
              
               our
               best
               Commentators
               (
               and
               out
               of
               the
               Rabbins
               )
               say
               ,
               that
               this
               is
               spoken
               to
               the
               Iudges
               before
               whom
               such
               Causes
               regularly
               came
               ,
               and
               under
               the
               Supreme
               Power
               and
               by
               authority
               thereof
               judged
               those
               Causes
               ;
               and
               that
               tho
               the
               Iudges
               who
               were
               subordinate
               to
               the
               Supreme
               Power
               were
               
                 to
                 take
                 no
                 Satisfaction
                 for
                 the
                 life
                 of
                 a
                 Murtherer
                 ,
              
               but
               were
               by
               that
               Law
               to
               Condemn
               him
               ,
               yet
               that
               it
               followeth
               not
               that
               the
               Supreme
               Power
               who
               made
               them
               Iudges
               ,
               might
               not
               in
               some
               Cases
               Reprieve
               and
               Pardon
               some
               whom
               they
               had
               Condemned
               .
            
          
           
             
               A.
               
            
             
               I
               shall
               be
               glad
               to
               hear
               you
               discourse
               of
               this
               ,
               and
               the
               rather
               for
               that
               't
               is
               so
               Customary
               to
               many
               when
               they
               find
               the
               Prince
               exercising
               this
               Prerogative
               of
               Pardoning
               ,
               to
               be
               apt
               too
               much
               to
               busy
               their
               heads
               with
               those
               two
               places
               in
               the
               Old
               Testament
               ,
               to
               their
               neglect
               of
               others
               there
               ▪
               
                 viz.
                 Exod.
              
               22.
               28.
               
               Prov.
               24.
               21.
               
               Eccles.
               10.
               20.
               and
               of
               Acts
               23.
               5.
               in
               the
               New
               ,
               and
               likewise
               there
               of
               Rom.
               13.
               2.
               5.
               1.
               
               St.
               Peter
               2.
               17.
               and
               from
               whence
               they
               might
               Collect
               their
               moral
               offices
               of
               not
               doing
               ,
               or
               speaking
               ,
               or
               thinking
               dishonourably
               of
               the
               Lord
               's
               annointed
               ,
               and
               of
               paying
               honour
               and
               obedience
               to
               his
               Sovereign
               Power
               ,
               and
               that
               for
               Conscience
               sake
               .
            
             
               But
               in
               the
               mean
               time
               give
               me
               leave
               
                 à
                 propos
              
               to
               ask
               you
               if
               ever
               you
               heard
               of
               any
               one
               of
               the
               Iudges
               of
               the
               Realm
               in
               the
               Reign
               of
               our
               former
               Princes
               ,
               that
               gave
               his
               judgment
               for
               the
               allowance
               of
               the
               King's
               Pardon
               of
               disability
               ?
               Shew
               me
               but
               that
               ,
               and
               I
               shall
               not
               be
               affrighted
               with
               my
               Lord
               Ch.
               Justice
               
               Vaughan's
               Simoniacal
               
                 Dead
                 man.
              
               
            
          
           
             
             
               B.
               
            
             
               I
               shall
               tell
               you
               of
               a
               Case
               that
               was
               well
               enough
               known
               to
               him
               ,
               and
               which
               you
               may
               find
               in
               Croke
               3d
               ,
               p.
               55.
               
               Sir
               
                 Iohn
                 Bennet
              
               ,
               v.
               Dr.
               Easedale
               :
               where
               you
               may
               see
               that
               Sir
               
                 Iohn
                 Bennet
              
               being
               fined
               20000
               l.
               for
               
                 Bribery
                 ▪
              
               by
               the
               Star-Chamber
               ,
               and
               
                 Censured
                 to
                 be
                 Imprison'd
                 ,
                 and
                 made
                 uncapable
                 of
                 any
                 Office
                 of
                 Iudicature
                 :
                 and
                 that
                 he
                 having
                 a
                 Pardon
                 from
                 the
                 King
                 reciting
                 the
                 Bribery
                 and
                 Offences
                 mention'd
                 in
                 the
                 Decree
                 ,
                 and
                 all
                 Penalties
                 and
                 Punishments
                 by
                 reason
                 thereof
                 ,
                 and
                 all
                 Disabilities
                 and
                 Incapacities
                 ,
                 and
                 all
                 things
                 concerning
                 the
                 said
                 Sentence
                 except
                 the
                 Fine
                 of
              
               20000
               l.
               and
               the
               
                 Court
                 of
                 Star-Chamber
                 having
                 the
                 advice
                 of
                 all
                 the
                 Iudges
                 relating
                 to
                 the
                 Decree
                 and
                 Pardon
                 ,
                 it
                 was
                 resolv'd
                 by
                 them
                 all
                 ,
                 that
                 this
                 Pardon
                 hath
                 taken
                 away
                 all
                 force
                 of
                 the
                 Sentence
                 in
                 the
                 Star-Chamber
                 ,
                 except
                 for
                 the
                 Fine
                 of
              
               20000
               l.
               
                 and
                 all
                 Disabilities
                 are
                 discharged
                 thereby
                 .
              
            
             
               That
               
                 Lord
                 Chief
                 Iustice
              
               knew
               that
               (
               as
               it
               was
               set
               down
               in
               that
               Chapter
               of
               Pardons
               ,
               Inst.
               3.
               )
               the
               
                 King's
                 Pardon
              
               extends
               to
               all
               Suits
               in
               the
               Star-Chamber
               :
               and
               he
               knew
               of
               what
               was
               mention'd
               ,
               Inst.
               4.
               
               Chap.
               1.
               
               
                 Of
                 the
                 High
                 Court
                 of
                 Parliament
                 ,
              
               viz.
               
                 Of
                 a
                 Pardon
                 to
                 the
                 Lord
              
               Latimer
               
                 of
                 a
                 Iudgment
                 in
                 Parliament
              
               :
               and
               he
               knew
               that
               by
               his
               own
               and
               other
               Iustices
               of
               Assize
               going
               into
               their
               own
               Countrys
               in
               the
               Execution
               of
               their
               Offices
               by
               vertue
               of
               the
               King
               's
               Non-obstante
               to
               the
               Statutes
               of
               8.
               
               R.
               2.
               c.
               2.
               3.
               
               H.
               8.
               c.
               24.
               himself
               and
               as
               many
               as
               went
               Iudges
               of
               Assize
               so
               into
               their
               own
               Countrys
               ,
               gave
               Judgment
               by
               so
               doing
               for
               the
               Prerogative
               of
               dispensing
               with
               such
               Acts
               of
               Parliament
               :
               and
               he
               likewise
               knew
               that
               (
               as
               it
               is
               well
               express'd
               in
               
                 The●…
                 Answer
                 of
                 King
              
               Charles
               
                 the
                 First
                 to
                 the
                 Declaration
                 of
                 both
                 Houses
                 of
                 Parliament
                 concerning
                 the
                 Commission
                 ▪
                 of
                 array
                 ,
              
               A.
               1642.
               )
               
                 An
                 Act
                 of
                 Parliament
                 in
                 any
                 ▪
                 Matter
                 tho
                 mistaken
                 ,
                 being
                 assented
                 to
                 by
                 the
                 King
                 and
                 his
                 two
                 Houses
                 ,
                 is
                 equally
                 binding
                 (
                 as
                 having
                 equal
                 Authority
                 )
                 with
                 an
                 Act
                 introductive
                 of
                 a
                 new
                 Law
                 ,
              
               and
               that
               therefore
               Acts
               of
               Parliament
               having
               so
               particularly
               declared
               the
               justness
               of
               the
               Prerogative's
               dispensing
               with
               disability
               ,
               no
               
                 magna
                 nomina
              
               of
               any
               particular
               Sages
               of
               the
               Law
               in
               otherwise
               opining
               ,
               can
               expect
               any
               deference
               .
            
             
               And
               if
               you
               will
               consider
               what
               my
               Lord
               Coke
               in
               that
               
                 Chapter
                 of
                 Pardons
              
               hath
               mention'd
               of
               the
               operation
               of
               Prerogative
               over
               the
               
                 dead
                 in
                 Law
              
               ,
               and
               consider
               the
               President
               he
               refers
               to
               ,
               
                 viz.
                 Pasch.
              
               22.
               
               E.
               3.
               
                 tit
                 .
                 Cor.
              
               239.
               
               
                 Coram
                 Rege
                 ,
                 Quidam
                 indictatus
                 de
                 Felonia
                 ,
                 &
                 inde
                 Culp
                 .
                 dicit
                 quod
                 Rex
                 eum
                 Conduxit
                 ,
                 &
                 inde
                 producit
                 Chartam
                 ,
                 quod
                 Rex
                 eum
                 Conduxit
                 in
                 Vasc.
                 in
                 exercitu
                 ,
                 &
                 dicta
                 Charta
                 allocata
                 fuit
                 per
                 Curiam
              
               ;
               and
               there
               see
               his
               opinion
               grounded
               on
               it
               ,
               that
               
                 if
                 a
                 man
                 be
                 Indicted
                 of
                 Felony
                 ,
                 and
                 found
                 Guilty
                 ,
                 and
                 being
                 in
                 Prison
                 ,
                 the
                 King
                 may
                 under
                 the
                 Great
                 Seal
                 ,
                 reciting
                 the
                 Offence
                 ,
              
               &c.
               
                 retain
                 him
                 to
                 serve
                 in
                 his
                 Wars
                 on
                 this
                 side
                 or
                 beyond
                 the
                 Seas
                 :
                 this
                 Charter
                 he
                 may
                 Plead
                 ,
                 and
                 the
                 Court
                 ought
                 to
                 allow
                 it
                 ▪
              
               I
               believe
               you
               will
               be
               of
               Opinion
               that
               any
               one
               who
               will
               desire
               any
               more
               Presidents
               for
               the
               Commanding
               the
               services
               of
               
                 dead
                 men
              
               ought
               to
               be
               sent
               for
               one
               to
               the
               REHEARSAL
               ,
               viz.
               that
               of
               
                 Arise
                 you
                 dead
                 Men
                 ,
                 and
                 get
                 ye
                 about
                 your
                 business
                 .
              
            
          
           
             
               A.
               
            
             
               Well
               Sir
               :
               As
               for
               this
               objected
               Dead-man
               ,
               
                 requiescat
                 in
                 Pace
              
               .
               I
               have
               done
               with
               him
               :
               and
               since
               from
               some
               things
               you
               have
               said
               ,
               I
               gather
               that
               the
               dispensing
               with
               disability
               by
               Roman
               Emperors
               and
               Popes
               of
               Rome
               ,
               did
               never
               by
               any
               ferment
               disturb
               their
               Governments
               ;
               and
               moreover
               ,
               since
               no
               men
               of
               sense
               here
               have
               ever
               troubled
               themselves
               or
               the
               Government
               with
               any
               vexatious
               Question
               about
               the
               King's
               Power
               in
               discharging
               a
               man
               from
               a
               Praemunire
               ,
               but
               not
               from
               a
               Penal
               disability
               incurr'd
               ,
               whereas
               by
               
                 a
                 Praemunire
              
               (
               as
               my
               Lord
               Coke
               shews
               us
               ,
               Inst.
               3.
               c.
               54.
               )
               
                 men
                 are
                 put
                 out
                 of
                 the
                 Protection
                 of
                 the
                 King
                 ,
                 and
                 DISABLED
                 to
                 have
                 any
                 Action
                 or
                 Remedy
                 by
                 the
                 King's
                 Law
                 or
                 the
                 Kings
                 Writs
                 ,
              
               and
               exposed
               to
               many
               other
               dreadful
               
               Punishments
               :
               I
               do
               now
               begin
               to
               wonder
               whence
               it
               is
               that
               the
               mistake
               in
               some
               mens
               Minds
               hath
               come
               about
               a
               Penal
               disability
               being
               so
               unremoveable
               .
               And
               thus
               I
               think
               too
               one
               might
               wonder
               how
               such
               as
               will
               allow
               the
               King's
               Pardon
               to
               discharge
               one
               from
               an
               
                 Excommunicatio
                 minor
              
               or
               major
               ,
               do
               look
               on
               disability
               as
               such
               an
               anathematizing
               thing
               as
               is
               not
               to
               be
               touch'd
               or
               that
               cannot
               be
               quell'd
               by
               Prerogative
               .
               Can
               you
               guess
               whence
               it
               is
               that
               men
               have
               imbibed
               this
               mistaken
               fancy
               ?
            
          
           
             
               B.
               
            
             
               I
               shall
               frankly
               tell
               you
               what
               I
               think
               hath
               occasion'd
               it
               .
               It
               is
               most
               natural
               to
               all
               men
               in
               arguing
               to
               take
               the
               shortest
               course
               they
               can
               to
               bring
               their
               Adversaries
               to
               what
               is
               reputed
               by
               all
               to
               be
               an
               absurdity
               ;
               and
               there
               being
               some
               Disabilities
               that
               the
               Law-Books
               mention
               wherein
               Property
               is
               concern'd
               ,
               and
               wherein
               it
               appears
               as
               an
               absurd
               thing
               in
               any
               one
               who
               should
               say
               that
               they
               could
               be
               dispens'd
               with
               ,
               and
               as
               for
               Example
               ,
               what
               the
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               tells
               us
               of
               
                 Disability
                 ,
                 where
                 a
                 man
                 is
                 not
                 of
                 whole
                 Memory
                 ,
                 which
                 disables
                 him
                 so
                 that
                 his
                 Heir
                 shall
                 take
                 advantage
                 of
                 his
                 Disability
                 after
                 his
                 death
                 :
                 and
                 where
                 he
                 passeth
                 any
                 Estate
                 out
                 of
                 him
                 it
                 may
                 be
                 after
                 his
                 death
                 disanull'd
                 by
                 his
                 Heir
                 ,
                 and
                 which
                 cannot
                 be
                 disanull'd
                 by
                 himself
                 during
                 his
                 life
                 .
                 For
                 it
                 is
                 a
                 Maxim
                 of
                 Law
                 ,
                 That
                 a
                 man
                 of
                 full
                 Age
                 shall
                 never
                 be
                 receiv'd
                 to
                 disable
                 his
                 own
                 Person
                 :
              
               and
               for
               which
               he
               cites
               Sir
               
                 E.
                 Coke
              
               .
               And
               he
               had
               before
               spoke
               of
               
                 Disability
                 by
                 the
                 Persons
                 own
                 Act
                 ,
                 which
                 is
                 ,
                 if
                 I
                 bind
                 my self
                 that
                 upon
                 surrender
                 of
                 a
                 Lease
                 ,
                 I
                 will
                 grant
                 a
                 new
                 Estate
                 to
                 the
                 Lessee
                 ,
                 and
                 afterward
                 I
                 grant
                 over
                 my
                 reversion
                 ,
                 in
                 this
                 Case
                 tho
                 I
                 afterward
                 repurchase
                 the
                 reversion
                 ,
                 yet
                 I
                 have
                 forfeited
                 my
                 Obligation
                 because
                 I
                 was
                 once
                 disabled
                 to
                 perform
                 it
                 ,
              
               Coke
               lib.
               5.
               f.
               21.
               
            
             
               Thus
               likewise
               it
               appearing
               to
               be
               against
               reason
               that
               men
               should
               be
               made
               Iudges
               who
               are
               under
               natural
               incapacities
               to
               exercise
               Jurisdiction
               ,
               (
               and
               such
               as
               Vantius
               in
               his
               Book
               de
               Nullitatibus
               instancing
               in
               ,
               as
               ,
               
                 Surdus
                 ,
                 mutus
                 ,
                 perpetuò
                 furiosus
                 ,
                 impubes
                 ,
              
               saith
               ,
               that
               
                 quoniam
                 defectus
                 &
                 incapacitas
                 istorum
                 à
                 naturâ
                 ipsâ
                 provenit
                 ,
                 ideo
                 à
                 quoquam
                 etiam
                 Supremo
                 Principe
                 suppleri
                 non
                 poterit
                 (
                 quia
                 etiam
                 Imperatori
                 tollere
                 non
                 licet
                 quae
                 juris
                 naturalis
                 sunt
                 )
              
               an
               asserting
               of
               the
               Power
               of
               Prerogative
               in
               dispensing
               with
               such
               incapacity
               would
               be
               absurd
               ;
               and
               it
               would
               shew
               somewhat
               of
               
                 laesa
                 Principia
              
               and
               of
               
                 natural
                 defects
                 and
                 incapacities
              
               in
               one
               who
               did
               rear
               Suppositions
               of
               a
               Prince's
               intending
               to
               employ
               such
               Uncapables
               :
               and
               however
               nothing
               appearing
               to
               the
               first
               thought
               more
               ridiculous
               then
               a
               dispensing
               with
               incapacity
               of
               this
               kind
               ,
               many
               may
               be
               so
               apt
               to
               think
               that
               incapacities
               enacted
               by
               Penal
               positive
               Laws
               ,
               (
               and
               by
               such
               Laws
               perhaps
               as
               were
               made
               
                 in
                 terrorem
              
               )
               cannot
               be
               dispensed
               with
               .
            
             
               But
               
                 in
                 fine
              
               ,
               when
               we
               meet
               hereafter
               ,
               I
               shall
               give
               occasion
               to
               both
               our
               thoughts
               for
               a
               higher
               flight
               ,
               then
               they
               had
               in
               that
               poor
               low
               
                 Question
                 ,
                 Can
                 the
                 King
                 dispense
                 with
                 Penal
                 Disability
                 ?
              
               and
               I
               shall
               shew
               you
               that
               where
               the
               King
               can
               as
               to
               any
               particular
               man
               relax
               the
               bond
               of
               his
               Law
               ,
               let
               the
               most
               penetrating
               Wisdom
               of
               Men
               or
               Angels
               be
               employ'd
               in
               the
               settlement
               and
               invention
               of
               the
               most
               terrible
               Penalties
               to
               guard
               the
               Law
               ,
               the
               Person
               so
               dispens'd
               with
               is
               
                 ipso
                 facto
              
               and
               
                 ipso
                 jure
              
               freed
               from
               them
               all
               .
               He
               by
               being
               exempted
               from
               the
               Obligation
               of
               that
               Law
               is
               as
               innocent
               and
               free
               from
               any
               Sin
               by
               the
               transgression
               of
               it
               ,
               as
               the
               Child
               unborn
               .
               The
               Dispensation
               hath
               intercepted
               all
               the
               Penalties
               ;
               hath
               absolv'd
               him
               
                 à
                 culpâ
              
               ,
               and
               therefore
               
                 à
                 paena
              
               ,
               and
               if
               you
               punish
               him
               ,
               you
               punish
               an
               innocent
               Person
               .
            
          
           
             
               A.
               
            
             
               You
               will
               then
               make
               a
               happy
               riddance
               of
               the
               
                 vexata
                 quaestio
              
               of
               disability
               ,
               if
               you
               have
               not
               done
               it
               already
               .
            
          
           
             
               B.
               
            
             
               But
               now
               Sir
               ▪
               by
               WAT
               of
               RECOLLECTION
               as
               to
               what
               hath
               poss'd
               between
               us
               ,
               either
               at
               this
               Conference
               or
               the
               other
               ;
               if
               any
               thing
               occurs
               to
               your
               thoughts
               ,
               by
               me
               either
               obscurely
               spoken
               (
               and
               which
               you
               would
               wish
               
               better
               illustrated
               )
               or
               what
               may
               seem
               in
               the
               least
               to
               reflect
               on
               our
               Laws
               ,
               or
               on
               the
               Religion
               of
               the
               Church
               of
               England
               by
               
                 Law
                 establish'd
              
               ,
               I
               do
               most
               earnestly
               conjure
               you
               now
               to
               name
               it
               to
               me
               .
               It
               is
               possible
               that
               for
               a
               Month
               or
               two's
               time
               ,
               we
               may
               not
               meet
               again
               ,
               and
               therefore
               I
               shall
               be
               glad
               that
               our
               parting
               now
               may
               be
               without
               any
               offence
               given
               or
               taken
               ,
               as
               to
               any
               of
               these
               Matters
               premised
               ,
               and
               in
               order
               to
               which
               ,
               that
               while
               what
               hath
               passed
               between
               us
               is
               fresh
               in
               both
               our
               Memories
               ,
               any
               misunderstanding
               therein
               may
               be
               prevented
               .
               And
               I
               yet
               further
               give
               you
               the
               liberty
               in
               case
               any
               thing
               of
               the
               nature
               aforesaid
               ,
               or
               of
               what
               nature
               soever
               shall
               occur
               to
               your
               thoughts
               after
               we
               are
               parted
               which
               we
               have
               discoursed
               of
               ,
               and
               which
               you
               would
               wish
               better
               consider'd
               ,
               that
               you
               would
               when
               we
               meet
               again
               freely
               impart
               it
               to
               me
               ,
               and
               when
               if
               you
               can
               shew
               me
               that
               I
               in
               any
               thing
               have
               erred
               ,
               I
               shall
               shew
               you
               my
               readiness
               not
               to
               persevere
               therein
               ,
               and
               so
               we
               shall
               be
               both
               gainers
               ,
               you
               will
               gain
               the
               Vict●…ry
               and
               I
               the
               Truth
               .
            
          
           
             
               A.
               
            
             
               I
               am
               sure
               I
               cannot
               oblige
               you
               more
               then
               by
               making
               use
               of
               the
               freedom
               you
               have
               offered
               me
               ,
               as
               I
               should
               find
               occasion
               so
               to
               do
               :
               and
               for
               which
               at
               present
               I
               find
               but
               little
               .
               I
               was
               during
               our
               Discourse
               of
               the
               Interpretation
               ;
               of
               the
               Oath
               of
               Supremacy
               afraid
               that
               you
               would
               have
               le●…t
               some
               great
               words
               in
               it
               that
               relate
               to
               
                 no
                 Foreign
                 Prince
                 or
                 ●…
                 relate
                 having
                 any
                 Iurisdiction
                 here
                 Ecclesiastical
                 or
                 Spiritual
                 ,
              
               &c.
               under
               some
               clouds
               of
               doubtfulness
               ,
               and
               thereby
               have
               seem'd
               to
               derogate
               from
               the
               honour
               of
               the
               Oath
               ,
               till
               I
               found
               that
               you
               both
               asserted
               the
               honour
               of
               the
               Oath
               and
               of
               the
               Government
               too
               by
               shewing
               it
               from
               the
               Sentiments
               of
               my
               Lord
               Primate
               Bramhal
               ,
               and
               otherwise
               that
               
                 Coactive
                 Iurisdiction
              
               was
               thereby
               only
               meant
               .
            
          
           
             
               B.
               
            
             
               I
               must
               caution
               you
               with
               a
               
                 Nota
                 bene
              
               to
               keep
               in
               your
               mind
               what
               I
               have
               both
               positively
               and
               argumentatively
               told
               you
               in
               obviating
               your
               scruples
               about
               the
               Oath
               ,
               and
               of
               the
               Regal
               Power
               of
               interpreting
               making
               the
               Coast
               of
               the
               Oath
               so
               clear
               to
               you
               ,
               and
               how
               I
               have
               supported
               the
               honour
               of
               the
               English
               Consciences
               of
               all
               considerate
               Persons
               of
               the
               Church
               of
               Rome
               in
               Harry
               the
               8th's
               time
               ,
               and
               of
               the
               Church
               of
               England
               in
               Edward
               the
               6th's
               ,
               by
               shewing
               you
               that
               their
               sense
               of
               the
               Bishop
               of
               
               Rome's
               having
               here
               
                 NO
                 Iurisdiction
              
               ,
               was
               of
               
                 no
                 Independent
                 Coactive
                 Iurisdiction
              
               ,
               when
               they
               took
               the
               old
               Oath
               of
               Supremacy
               ,
               and
               likewise
               of
               those
               of
               the
               Church
               of
               England
               ,
               who
               in
               Queen
               
               Elizabeth's
               time
               and
               ever
               since
               took
               the
               new
               one
               .
               And
               I
               need
               not
               tell
               you
               again
               that
               at
               the
               time
               of
               the
               making
               of
               the
               Statute
               of
               37
               o
               of
               H.
               8.
               and
               of
               the
               Revival
               of
               it
               by
               Queen
               Eliz.
               (
               and
               wherein
               it
               was
               declared
               that
               
                 Archbishops
                 ,
                 Bishops
              
               ,
               &c.
               
                 have
                 NO
                 manner
                 of
                 Iurisdiction
                 Ecclesiastical
                 but
                 by
                 ,
                 under
                 and
                 from
                 His
                 Royal
                 Majesty
              
               )
               both
               Harry
               the
               8th
               ,
               and
               that
               Queen
               ,
               and
               the
               judicious
               in
               the
               Clergy
               of
               each
               knew
               that
               as
               to
               their
               
                 Potestas
                 Ordinis
              
               which
               by
               virtue
               of
               their
               Function
               they
               have
               to
               Preach
               ,
               and
               give
               the
               Sacrament
               ,
               and
               give
               Orders
               ,
               &c.
               it
               was
               derived
               from
               Christ
               to
               the
               Apostles
               and
               their
               Successors
               ,
               and
               that
               so
               likewise
               was
               the
               
                 Potestas
                 Iurisdictionis
                 in
                 foro
                 interno
              
               ,
               and
               that
               therefore
               none
               needed
               to
               suppose
               that
               either
               by
               Harry
               the
               8th's
               Oath
               or
               Queen
               
               Elizabeth's
               ,
               in
               the
               words
               of
               
                 no
                 foreign
                 Prelates
              
               having
               here
               
                 any
                 Iurisdiction
              
               ,
               &c.
               any
               Power
               the
               Pope
               could
               justly
               claim
               as
               a
               Successor
               to
               the
               Apostles
               was
               impeach●…d
               .
            
             
               And
               no
               doubt
               but
               Harry
               the
               8th
               being
               by
               that
               Statute
               declared
               to
               be
               
                 but
                 a
                 Lay-man
              
               ,
               no
               men
               of
               sense
               construed
               that
               Statute
               to
               give
               him
               the
               exercise
               of
               any
               Iurisdiction
               ,
               or
               Power
               of
               the
               Keys
               
                 in
                 foro
                 interno
              
               ,
               as
               a
               Successor
               of
               the
               Apostles
               .
               The
               old
               Distinction
               of
               Bracton
               ,
               l.
               1.
               c.
               8.
               that
               King's
               cannot
               Excommunicate
               ministerialiter
               (
               because
               they
               are
               Lay-men
               )
               but
               may
               do
               it
               authoritativè
               by
               appointing
               others
               to
               do
               it
               ,
               gave
               Satisfaction
               in
               Harry
               the
               8th's
               time
               ,
               and
               might
               had
               it
               been
               thought
               of
               in
               Queen
               
               Elizabeth's
               Reign
               have
               sav'd
               the
               labour
               of
               the
               Interpretation
               in
               the
               
               Admonition
               in
               removing
               the
               ferment
               that
               the
               Oath
               occasion'd
               among
               Protestant
               Scruplers
               .
            
             
               But
               tho
               the
               Preamble
               of
               the
               Admonition
               referrs
               to
               some
               Protestant
               Clergy-men
               as
               the
               Scruplers
               ,
               yet
               the
               following
               words
               ,
               viz.
               That
               
                 her
                 Majesty
                 would
                 that
                 all
                 her
                 loving
                 Subjects
                 should
                 understand
                 that
                 nothing
                 was
                 ▪
                 is
                 ▪
                 or
                 shall
                 be
                 meant
                 or
                 intended
                 by
                 the
                 same
                 Oath
                 ,
              
               &c.
               shew
               her
               Pious
               design
               of
               Complaisance
               as
               to
               the
               Consciences
               of
               her
               Catholick
               as
               well
               as
               Protestant
               Subjects
               ,
               and
               whose
               freedom
               from
               Imposition
               of
               ambiguous
               or
               otherwise
               unlawful
               Oaths
               she
               knew
               was
               purchased
               for
               both
               of
               them
               alike
               by
               the
               Blood
               of
               Christ.
               And
               you
               know
               I
               referr'd
               you
               to
               ,
               Sir
               
                 Iohn
                 Winter's
                 Observations
                 on
                 the
                 Oath
                 of
                 Supremacy
                 ,
              
               as
               representing
               the
               Oath
               by
               the
               help
               of
               Queen
               
               Elizabeth's
               Interpretation
               in
               the
               Admonition
               ,
               and
               of
               the
               Enacting
               of
               that
               Interpretation
               in
               Parliament
               ,
               and
               of
               the
               Interpretation
               in
               the
               37th
               Article
               ,
               as
               lawful
               to
               be
               taken
               ,
               tho
               possibly
               inexpedient
               on
               the
               account
               of
               Scandal
               ,
               and
               likewise
               to
               another
               Roman-Catholick
               Writer
               ,
               who
               on
               the
               account
               of
               those
               Interpretations
               ,
               thought
               it
               might
               both
               lawfully
               and
               without
               Scandal
               be
               taken
               .
               And
               you
               and
               others
               who
               think
               that
               Oath
               of
               importance
               for
               the
               securing
               the
               Peace
               of
               the
               Government
               ,
               may
               thank
               the
               Prerogative
               of
               Regal
               Interpretation
               for
               supplying
               the
               Lamp
               of
               it
               with
               the
               Oil
               that
               hath
               made
               it
               last
               so
               long
               ,
               and
               which
               otherwise
               would
               soon
               have
               gone
               out
               in
               a
               snuff
               ,
               as
               I
               shew'd
               you
               by
               the
               offence
               that
               was
               taken
               at
               it
               at
               home
               and
               abroad
               when
               it
               was
               first
               set
               up
               ,
               and
               which
               now
               may
               perhaps
               help
               to
               illuminate
               the
               English
               World
               in
               the
               measures
               of
               Loyalty
               so
               long
               
                 as
                 the
                 Sun
                 and
                 Moon
                 endure
                 :
              
               that
               is
               ,
               if
               you
               suppose
               that
               the
               use
               of
               Oaths
               would
               endure
               so
               long
               .
               But
               ,
               
                 Dii
                 meliora
              
               .
            
             
               And
               it
               here
               coming
               into
               my
               mind
               that
               you
               in
               your
               somewhat
               airy
               way
               of
               discoursing
               of
               the
               Oath
               ,
               resembled
               it
               to
               a
               tender-sided
               Ship
               girdled
               with
               so
               many
               interpretations
               ,
               I
               shall
               take
               occasion
               further
               to
               impress
               it
               on
               your
               thoughts
               ,
               that
               it
               is
               still
               
                 THE
                 SAME
                 OATH
              
               ,
               tho
               partaking
               of
               all
               those
               Interpretations
               ,
               and
               as
               we
               say
               of
               
                 eadem
                 navis
                 toties
                 refecta
              
               :
               and
               the
               several
               interpretations
               are
               not
               by
               you
               to
               be
               resembled
               to
               girdlings
               ,
               but
               to
               its
               main
               inward
               beams
               and
               timbers
               that
               are
               become
               parts
               o●…
               it
               .
               Moreover
               you
               know
               that
               a
               girdled
               Ship
               by
               reason
               of
               the
               incompactness
               of
               its
               adventitious
               parts
               with
               the
               other
               ,
               cannot
               last
               the
               fourth
               part
               of
               the
               time
               that
               another
               will.
               But
               you
               see
               how
               long
               this
               Oath
               hath
               continued
               ,
               and
               riding
               triumphantly
               in
               the
               Sea
               of
               time
               ,
               hath
               too
               carried
               out
               all
               its
               Guns
               in
               Stormy
               weather
               ,
               and
               made
               the
               Usurp'd
               Power
               of
               the
               Court
               of
               Rome
               strike
               Sail
               to
               our
               Princes
               .
            
             
               Yet
               I
               shall
               here
               take
               occasion
               from
               my
               having
               just
               now
               minded
               you
               of
               the
               Interpretations
               of
               the
               Oath
               inclining
               Sir
               
                 Iohn
                 Winter
              
               and
               the
               other
               Roman-Catholick
               to
               judge
               of
               it
               as
               they
               did
               ,
               to
               tell
               you
               that
               I
               have
               often
               wish'd
               that
               in
               the
               times
               of
               the
               three
               last
               Reigns
               the
               Power
               of
               Interpretation
               had
               further
               exerted
               it self
               in
               the
               further
               clearing
               of
               any
               thing
               in
               that
               Oath
               and
               in
               the
               Oath
               of
               Allegiance
               at
               which
               offence
               was
               by
               so
               many
               taken
               ,
               however
               by
               the
               Oaths
               not
               given
               :
               and
               that
               such
               Interpretations
               had
               been
               approved
               in
               Parliament
               ,
               and
               particularly
               that
               the
               Interpretation
               of
               the
               word
               HERETICAL
               in
               the
               Oath
               of
               Allegiance
               ,
               as
               being
               meant
               of
               
                 Contrary
                 to
                 the
                 Word
                 of
                 God
                 ,
              
               had
               brought
               all
               our
               Roman-Catholick
               Brethren
               to
               the
               taking
               of
               that
               Oath
               ,
               as
               I
               told
               you
               that
               
                 F.
                 Cressy
              
               thought
               it
               would
               have
               done
               ,
               and
               who
               said
               that
               he
               believed
               that
               that
               was
               the
               sense
               intended
               by
               King
               Iames
               in
               the
               word
               heretical
               .
            
             
               And
               I
               shall
               be
               glad
               if
               those
               Interpretations
               relating
               to
               the
               Oath
               of
               Supremacy
               which
               succeeded
               those
               that
               Sir
               
                 Iohn
                 Winter
              
               and
               the
               other
               Roman-Catholick
               took
               notice
               of
               ,
               may
               in
               the
               event
               Conduce
               to
               render
               it
               more
               acceptable
               
               to
               others
               of
               them
               :
               and
               the
               rather
               for
               that
               it
               is
               apparent
               that
               all
               the
               Interpretations
               are
               Consistent
               with
               the
               Oath
               ,
               and
               with
               
                 one
                 another
              
               ,
               as
               from
               what
               I
               have
               spoken
               you
               may
               Collect.
               But
               by
               so
               many
               other
               Pious
               and
               Learned
               Roman-Catholicks
               appearing
               not
               to
               be
               of
               the
               opinion
               that
               the
               Interpretations
               of
               the
               Oath
               mention'd
               by
               those
               two
               Writers
               ,
               may
               legitimate
               the
               taking
               of
               it
               ,
               I
               have
               long
               wish'd
               to
               the
               Oath
               all
               the
               additional
               clearness
               that
               Law
               could
               give
               it
               ,
               and
               that
               they
               would
               wish
               given
               who
               were
               required
               to
               take
               it
               .
               And
               as
               one
               
               Doctor
               's
               opinion
               for
               the
               justness
               of
               a
               Litigants
               Cause
               hath
               on
               his
               being
               cast
               in
               it
               ,
               been
               allow'd
               to
               save
               him
               from
               being
               as
               a
               Calumnious
               and
               rash
               litigator
               condemned
               in
               Expences
               ,
               thus
               so
               
                 great
                 a
                 Master
                 in
              
               our
               Israel
               and
               Vindicator
               of
               our
               Church
               from
               Schism
               ,
               as
               Archbishop
               Bramhal
               having
               given
               his
               Opinion
               about
               the
               Oath
               (
               as
               I
               told
               you
               )
               namely
               as
               to
               what
               related
               to
               the
               
               King's
               Power
               in
               Spirituals
               ,
               and
               to
               
                 no
                 foreign
                 Prelate
              
               having
               any
               Spiritual
               Iurisdiction
               here
               ,
               
                 viz.
                 This
                 might
                 have
                 been
                 express'd
                 in
                 words
                 less
                 liable
                 to
                 Exception
                 ,
              
               I
               shall
               censure
               no
               man
               as
               a
               Ca●…umniator
               of
               the
               Oath
               who
               shall
               wish
               that
               any
               lawful
               Interpretation
               may
               make
               those
               words
               
                 less
                 liable
                 to
                 Exception
              
               .
            
             
               Sir
               
                 Iohn
                 Winter
              
               (
               as
               I
               told
               you
               )
               having
               mention'd
               
                 the
                 Explanations
                 not
                 being
                 known
                 to
                 all
                 ,
                 and
                 their
                 intricacy
                 and
                 the
                 constant
                 tendring
                 of
                 the
                 Oath
                 for
                 ●…o
                 many
                 years
                 without
                 the
                 aforesaid
                 Explanation
                 as
                 likely
                 to
                 give
                 just
                 cause
                 of
                 Scandal
                 ,
              
               &c.
               
               I
               must
               tell
               you
               I
               like
               not
               his
               words
               of
               the
               
                 GIVING
                 just
                 cause
                 of
                 Scandal
              
               ;
               but
               what
               I
               have
               shew'd
               you
               of
               many
               passages
               about
               the
               Explanations
               which
               were
               not
               observ'd
               by
               him
               ,
               and
               particularly
               of
               the
               37th
               Article
               affording
               only
               to
               the
               Clergy
               a
               more
               favourable
               interpretation
               (
               and
               which
               was
               enacted
               as
               to
               them
               in
               13
               o
               
                 Eliz
                 ▪
              
               )
               and
               of
               the
               Canons
               of
               King
               Iames
               first
               extending
               the
               benefit
               of
               that
               Interpretation
               to
               the
               Layety
               ,
               and
               of
               the
               Canons
               of
               King
               Charles
               the
               First
               further
               explaining
               the
               37th
               Article
               ,
               may
               justly
               incline
               you
               to
               wish
               that
               the
               sense
               of
               the
               Oath
               did
               
                 Primâ
                 facie
              
               appear
               as
               liquid
               to
               all
               as
               it
               now
               doth
               to
               us
               two
               .
            
             
               And
               I
               shall
               here
               take
               occasion
               for
               the
               propping
               up
               the
               interpretation
               relating
               to
               the
               Oath
               made
               by
               those
               two
               Princes
               in
               their
               Canons
               ,
               to
               tell
               you
               that
               as
               you
               accounted
               King
               Iames
               his
               Interpretation
               as
               good
               as
               Queen
               
               Elizabeth's
               ,
               so
               you
               may
               account
               that
               in
               the
               Canons
               of
               King
               Charles
               the
               First
               ,
               as
               good
               as
               that
               in
               those
               of
               King
               Iames
               ;
               for
               that
               tho
               it
               is
               said
               by
               some
               that
               the
               Canons
               of
               King
               Charles
               the
               First
               were
               damned
               by
               the
               Act
               of
               13
               o
               Car.
               2.
               c.
               12.
               yet
               the
               truth
               is
               ,
               that
               that
               Act
               leaves
               them
               in
               
                 statu
                 quo
              
               ,
               and
               the
               last
               Proviso
               in
               it
               doth
               only
               express
               those
               Canons
               not
               being
               confirm'd
               by
               it
               .
               Nor
               (
               in
               my
               judgment
               )
               did
               they
               need
               any
               Confirmation
               from
               it
               :
               for
               that
               (
               according
               to
               my
               Lord
               Chief
               Justice
               
               Vaughan's
               Opinion
               that
               I
               have
               cited
               to
               you
               )
               
                 a
                 lawful
                 Canon
                 is
                 the
                 Law
                 of
                 the
                 Kingdom
                 as
                 well
                 as
                 an
                 Act
                 of
                 Parliament
                 :
              
               and
               the
               Consideration
               of
               this
               may
               shew
               you
               ,
               that
               as
               Queen
               
               Elizabeth's
               Interpretation
               in
               
                 The
                 Admonition
              
               was
               perpetuated
               by
               the
               Ensuing
               Parliamentary
               Approbation
               thereof
               ,
               so
               the
               interpretations
               of
               those
               Princes
               in
               those
               their
               Canons
               confirm'd
               for
               them
               ,
               their
               Heirs
               and
               Successors
               ,
               are
               now
               binding
               to
               you
               ;
               and
               I
               pray
               God
               to
               incline
               you
               to
               keep
               this
               your
               Solemn
               Oath
               according
               to
               these
               interpretations
               of
               it
               .
            
          
           
             
               A.
               
            
             
               I
               thank
               you
               for
               this
               your
               serious
               and
               Christian
               wish
               ,
               and
               do
               give
               you
               my
               hearty
               thanks
               for
               what
               you
               have
               discours'd
               to
               me
               of
               the
               many
               Interpretations
               relating
               to
               the
               Oath
               ,
               and
               the
               rendring
               them
               so
               consistent
               with
               it
               ,
               and
               by
               means
               whereof
               I
               am
               sensible
               that
               the
               Oath
               hath
               become
               more
               then
               
                 res
                 unius
                 oetatis
              
               ,
               and
               that
               without
               them
               it
               would
               not
               have
               been
               so
               much
               :
               and
               by
               which
               both
               the
               credit
               of
               the
               Oath
               ,
               and
               the
               quiet
               of
               the
               Consciences
               of
               the
               Takers
               of
               it
               have
               been
               preserv'd
               .
               And
               I
               am
               glad
               that
               the
               task
               of
               enumerating
               them
               all
               hath
               happen'd
               thus
               to
               fall
               into
               your
               hands
               ,
               and
               that
               
               therein
               you
               have
               not
               (
               as
               they
               say
               of
               young
               Conjurers
               raising
               Spirits
               that
               they
               cannot
               lay
               )
               occasion'd
               any
               doubts
               in
               me
               about
               the
               Oath
               but
               what
               you
               have
               fairly
               ●…
               and
               fully
               satisfy'd
               .
               And
               indeed
               you
               have
               laid
               some
               doubts
               that
               the
               Two
               Roman-Catholick
               Writers
               raising
               them
               ,
               happen'd
               not
               to
               lay
               .
               Throwing
               therefore
               by
               ,
               any
               Thoughts
               and
               Expressions
               of
               mine
               of
               that
               nature
               which
               you
               censured
               as
               airy
               (
               and
               as
               to
               which
               I
               submit
               to
               your
               reproof
               )
               I
               shall
               prepare
               my
               mind
               with
               a
               decent
               temper
               both
               of
               delight
               and
               Pious
               dread
               to
               contemplate
               my
               Oath
               as
               now
               set
               before
               me
               ,
               and
               as
               containing
               in
               it
               that
               clearness
               ,
               and
               that
               Majesty
               that
               may
               excite
               both
               those
               Passions
               in
               me
               ,
               and
               the
               real
               view
               of
               which
               I
               may
               some
               way
               compare
               to
               that
               in
               vision
               ,
               
                 Ezekiel's
                 terrible
                 crystal
              
               .
            
          
           
             
               B.
               
            
             
               Long
               may
               you
               live
               in
               this
               temper
               .
               I
               remember
               I
               have
               somewhere
               read
               it
               ,
               that
               the
               Oath
               by
               which
               the
               Cardinals
               are
               bound
               to
               the
               maintenance
               of
               the
               Church-Privileges
               is
               drawn
               in
               such
               clear
               and
               powerful
               words
               ,
               that
               Baronius
               calls
               it
               
                 terribile
                 Iuramentum
              
               ,
               and
               saith
               ,
               that
               
                 the
                 only
                 remembring
                 of
                 it
                 inflicts
                 a
                 horror
                 upon
                 his
                 Mind
                 ,
                 and
                 a
                 trembling
                 upon
                 〈◊〉
                 Body
                 .
              
               And
               I
               doubt
               not
               but
               when
               I
               shall
               at
               our
               next
               meeting
               discourse
               with
               you
               about
               our
               obligation
               from
               the
               Promissory
               part
               of
               the
               Oath
               that
               relates
               to
               the
               assistance
               and
               defence
               of
               the
               Regal
               Rights
               and
               Privileges
               ,
               you
               will
               think
               that
               every
               Taker
               of
               it
               ,
               ought
               to
               have
               some
               such
               sense
               of
               his
               remembring
               it
               ,
               as
               Baronius
               had
               about
               his
               terrible
               Oath
               .
            
          
           
             
               A.
               
            
             
               But
               to
               go
               on
               according
               to
               the
               freedom
               you
               gave
               me
               ,
               I
               remember
               you
               told
               me
               that
               you
               would
               not
               trouble
               me
               with
               any
               Notions
               or
               
                 Moot
                 Points
              
               about
               the
               Power
               of
               Interpreting
               Acts
               of
               Parliament
               ,
               and
               about
               which
               you
               cited
               Sir
               Christopher
               Hatton's
               Book
               
                 Of
                 Acts
                 of
                 Parliament
                 and
                 their
                 Exposition
                 :
              
               but
               I
               remember
               you
               have
               Sparsim
               variously
               spoke
               of
               it
               ,
               and
               you
               mention'd
               to
               me
               what
               King
               Charles
               the
               First
               told
               both
               Houses
               shortly
               after
               the
               granting
               the
               
                 Petition
                 of
                 Right
              
               ,
               that
               
                 to
                 the
                 Iudges
                 only
                 under
                 him
                 the
                 Interpretation
                 of
                 the
                 Laws
                 belong'd
                 ,
                 and
                 that
                 none
                 of
                 the
                 Houses
                 of
                 Parliament
                 ,
                 joint
                 or
                 separate
                 either
                 could
                 make
                 or
                 declare
                 a
                 Law
                 without
                 his
                 Consent
                 .
              
               I
               suppose
               you
               intend
               here
               to
               lodge
               no
               Snake
               in
               the
               grass
               of
               this
               Regal
               Power
               of
               interpretation
               ,
               whereby
               we
               may
               be
               interpreted
               out
               of
               our
               
                 Magna
                 Charta
              
               and
               the
               Petition
               of
               Right
               ,
               and
               out
               of
               our
               Religion
               ,
               or
               Property
               .
            
          
           
             
               B.
               
            
             
               Your
               Supposal
               doth
               but
               right
               to
               my
               intentions
               .
               I
               have
               referr'd
               you
               only
               to
               Facts
               ,
               and
               leave
               you
               to
               make
               a
               due
               use
               of
               them
               ,
               and
               shall
               when
               we
               meet
               again
               shew
               you
               further
               why
               I
               have
               thus
               referr'd
               you
               to
               these
               Facts
               of
               the
               Regal
               interpretation
               :
               And
               in
               the
               mean
               time
               you
               may
               take
               notice
               ,
               that
               as
               to
               what
               I
               have
               mentioned
               as
               a
               Notion
               out
               of
               the
               Lord
               Chancellor
               Hatton
               ,
               (
               of
               which
               the
               intent
               and
               substance
               was
               ,
               
                 That
                 if
                 all
                 the
                 Parliament
                 were
                 voluntarily
                 assembled
                 again
                 and
                 not
                 by
                 Writ
                 ,
                 Eorum
                 non
                 esset
                 interpretari
                 dubium
                 Statutum
                 ,
              
               as
               the
               words
               are
               in
               the
               Table
               of
               his
               Book
               ,
               Chap.
               4
               ▪
               and
               with
               which
               the
               Chapter
               agrees
               )
               I
               told
               you
               I
               would
               not
               trouble
               you
               with
               it
               ,
               and
               you
               may
               give
               it
               its
               transeat
               as
               a
               kind
               of
               curious
               impossible
               Case
               .
               Nor
               need
               you
               amuse
               your self
               about
               any
               Consequences
               by
               me
               meant
               in
               what
               I
               told
               you
               of
               King
               Charles
               the
               First
               ,
               telling
               the
               three
               Estates
               as
               they
               were
               feasting
               themselves
               with
               the
               noble
               Concessions
               of
               the
               
                 Petition
                 of
                 Right
              
               .
               I
               know
               nothing
               asserted
               by
               my
               Lord
               Coke
               in
               Inst.
               4
               ▪
               Chap.
               1.
               
               
                 Of
                 the
                 High
                 and
                 Honourable
                 Court
                 of
                 Parliament
                 ,
              
               but
               wherein
               I
               own
               my
               agreeing
               with
               him
               ,
               and
               particularly
               as
               to
               what
               he
               speaks
               
                 of
                 Iudicature
              
               .
               And
               I
               doubt
               not
               but
               every
               one
               accounts
               that
               what
               he
               said
               Inst.
               3.
               c.
               73.
               was
               very
               Orthodox
               ,
               viz.
               
                 NOTE
                 ,
                 Proclamations
                 are
                 of
                 great
                 force
                 ,
                 which
                 are
                 grounded
                 upon
                 the
                 Laws
                 of
                 the
                 Realm
                 .
              
               Nor
               considering
               the
               exuberance
               of
               that
               great
               thing
               call'd
               
                 bona
                 fides
              
               that
               is
               to
               be
               expected
               from
               Princes
               ,
               need
               any
               man
               fear
               that
               there
               
               will
               be
               an
               Exposition
               of
               abrogamus
               for
               statuimus
               in
               any
               of
               the
               Declaratory
               Proclamations
               that
               ours
               shall
               make
               .
            
             
               But
               because
               you
               have
               named
               
                 Magna
                 Charta
              
               ,
               and
               
                 the
                 Petition
                 of
                 Right
              
               ,
               I
               shall
               take
               occasion
               to
               cite
               to
               you
               a
               very
               popular
               Authority
               to
               shew
               you
               that
               any
               Proclamations
               our
               English
               Monarchs
               shall
               make
               for
               the
               Dispensing
               with
               Penal
               Religionary
               Laws
               ,
               will
               be
               but
               Declaratory
               of
               
                 Magna
                 Charta
              
               ,
               and
               of
               the
               Petition
               of
               Right
               .
               You
               know
               we
               have
               often
               spoke
               of
               the
               Arguments
               in
               the
               Parliament
               of
               40.
               made
               by
               Mr.
               Bagshaw
               ,
               who
               was
               
                 Pars
                 magna
              
               of
               the
               Faction
               then
               regnant
               ,
               and
               by
               which
               those
               Arguments
               of
               his
               were
               much
               celebrated
               .
               You
               may
               find
               some
               account
               of
               his
               Character
               in
               
               Heylin's
               History
               of
               Archbishop
               Laud
               ,
               who
               mentions
               his
               being
               chosen
               Reader
               for
               the
               
                 Lent
                 Vacation
              
               by
               the
               Middle-Temple
               in
               the
               year
               1639.
               
               And
               he
               in
               his
               
                 First
                 Argument
              
               ,
               viz.
               
                 Concerning
                 the
                 Canons
              
               ,
               p.
               11.
               saith
               ,
               
                 Liberty
                 of
                 Religion
                 and
                 Conscience
                 are
                 (
                 as
                 I
                 take
                 it
                 )
                 within
                 the
                 words
                 of
                 MAGNA
                 CHARTA
                 granted
                 to
                 me
                 as
                 mine
                 Inheritance
                 ,
              
               Cap.
               29.
               
               
                 Nullus
                 liber
                 homo
                 imprisonetur
                 ●…ut
                 disseisetur
                 de
                 libertatibus
                 vel
                 liberis
                 Consuetudinibus
                 suis.
                 
                   And
                   Liberty
                   of
                   Conscience
                   is
                   the
                   g●…test
                   Liberty
                   .
                   It
                   is
                   by
                   a
                   necessary
                   Consequence
                   and
                   deduction
                   within
                   the
                   words
                
              
               imprisonetur
               .
               
                 For
                 put
                 the
                 Case
                 that
                 the
                 Clergy
                 make
                 Canons
                 to
                 which
                 I
                 never
                 assented
                 ,
                 and
                 I
                 break
                 these
                 Canons
                 ,
                 whereupon
                 I
                 am
                 Excommunicated
                 ,
                 and
                 upon
                 a
              
               Significavit
               
                 by
                 the
                 Bishop
                 ,
                 my
                 Body
                 is
                 taken
                 and
                 imprison'd
                 by
                 a
                 Writ
              
               de
               excommunicato
               Capiendo
               ,
               
                 now
                 shall
                 I
                 lie
                 in
                 Prison
                 all
                 the
                 days
                 of
                 my
                 life
                 ,
                 and
                 shall
                 never
                 be
                 deliver'd
                 by
                 a
              
               Cautione
               admittenda
               ,
               
                 unless
                 I
                 will
                 come
                 in
                 and
              
               parere
               mandatis
               Ecclesiae
               ,
               
                 which
                 are
                 point
                 blank
                 against
                 my
                 Conscience
                 .
              
               And
               he
               had
               before
               said
               ,
               
                 A
                 Comparatis
                 :
                 by
                 an
                 Argument
              
               à
               minori
               ad
               majus
               ;
               
                 if
                 Property
                 of
                 Goods
                 cannot
                 be
                 taken
                 from
                 me
                 without
                 my
                 assent
                 in
                 Parliament
                 ,
                 which
                 is
                 the
                 fundamental
                 Law
                 of
                 the
                 Land
                 ,
                 and
                 so
                 declared
                 in
                 the
                 Petition
                 of
                 Right
                 ,
                 why
                 then
                 Property
                 and
                 Liberty
                 of
                 Conscience
                 which
                 is
                 much
                 greater
                 ,
                 as
                 much
                 as
              
               bona
               animi
               
                 are
                 above
              
               bona
               fortunae
               ,
               
                 cannot
                 be
                 taken
                 from
                 me
                 without
                 my
                 assent
                 .
              
            
             
               This
               it
               seems
               pass'd
               as
               Currant
               Coin
               for
               Iudgment
               of
               Parliament
               in
               behalf
               of
               Liberty
               of
               Conscience
               ,
               in
               the
               Conjuncture
               of
               41
               ,
               the
               year
               in
               which
               his
               Book
               was
               Printed
               :
               and
               if
               it
               were
               so
               then
               allowable
               ,
               you
               may
               well
               think
               that
               a
               
               Prince's
               owning
               the
               Religion
               that
               flourish'd
               here
               in
               the
               time
               of
               
                 Magna
                 charta
              
               (
               and
               which
               inspired
               the
               Virtue
               that
               produced
               
                 Magna
                 Charta
              
               )
               and
               indulging
               some
               others
               of
               the
               same
               Religion
               to
               profess
               it
               without
               Punishment
               ,
               is
               not
               likely
               to
               occasion
               any
               durable
               ferment
               .
            
             
               And
               what
               I
               have
               here
               referr'd
               to
               concerning
               
                 the
                 Petition
                 of
                 Right
              
               ,
               minds
               me
               of
               the
               great
               effort
               of
               Pious
               zeal
               in
               our
               famous
               Bishop
               Hall
               ,
               and
               his
               laudably
               making
               use
               of
               the
               Popularity
               he
               had
               among
               the
               Protestants
               in
               sending
               a
               Letter
               to
               the
               House
               of
               
                 Commons
                 ,
                 April
              
               the
               28th
               ,
               1628.
               during
               the
               great
               ferment
               about
               that
               Petition
               ,
               and
               in
               which
               he
               gives
               so
               much
               fatherly
               and
               Prudent
               advice
               to
               the
               great
               Agonists
               for
               Property
               ,
               that
               they
               should
               consider
               when
               they
               were
               at
               the
               end
               of
               their
               race
               ,
               and
               then
               to
               sit
               down
               and
               rest
               .
               He
               hath
               in
               it
               these
               tender
               Expressions
               ,
               
                 Gentlemen
                 ,
                 For
                 God's
                 sake
                 be
                 wise
                 in
                 your
                 well-meant
                 zeal
                 ,
              
               and
               
                 our
                 Liberties
                 and
                 Proprieties
                 are
                 sufficiently
                 declared
                 to
                 be
                 sure
                 and
                 legal
                 ,
              
               &c.
               
                 let
                 us
                 not
                 in
                 suspicion
                 of
                 Evils
                 that
                 may
                 be
                 cast
                 our selves
                 into
                 present
                 confusion
                 .
                 If
                 you
                 love
                 your selves
                 and
                 your
                 Country
                 ,
                 remit
                 something
                 of
                 your
                 own
                 terms
                 .
                 And
                 since
                 the
                 Substance
                 is
                 yielded
                 by
                 your
                 noble
                 Patriots
                 ,
                 stand
                 not
                 too
                 rigorously
                 upon
                 Points
                 of
                 Circumstance
                 .
                 Pear
                 not
                 to
                 trust
                 a
                 good
                 King
                 ,
                 who
                 after
                 the
                 strict
                 Laws
                 made
                 ,
                 must
                 be
                 trusted
                 with
                 the
                 Execution
                 ,
              
               &c.
               
                 relent
                 or
                 farewel
                 welfare
              
               .
            
             
               You
               may
               hence
               easily
               imagine
               how
               passionately
               that
               good
               Bishop
               would
               have
               been
               concerned
               if
               he
               had
               then
               seen
               among
               the
               Patriots
               any
               unquenchable
               heats
               about
               the
               not
               trusting
               the
               King
               with
               the
               Executive
               Power
               of
               
               Penal
               Laws
               ,
               and
               
                 Laws
                 in
                 terrorem
              
               ,
               and
               such
               Laws
               as
               Mr.
               Glanvil
               in
               the
               '
               Month
               after
               the
               Date
               of
               the
               Bishop's
               Letter
               ,
               said
               in
               a
               full
               Committee
               of
               both
               Houses
               ,
               
                 That
                 the
                 Commons
                 must
                 and
                 ever
                 will
                 acknowledge
                 that
                 it
                 is
                 in
                 His
                 Majesty's
                 ABSOLUTE
                 and
                 undoubted
                 Power
                 to
                 grant
                 Dispensations
                 in
                 ,
              
               as
               I
               told
               you
               .
            
             
               In
               God's
               Name
               ,
               often
               think
               of
               that
               great
               Patriotly
               saying
               of
               Tully
               so
               often
               with
               just
               Applause
               cited
               by
               Sir
               E.
               Coke
               ,
               
                 Major
                 haereditas
                 venit
                 unicuique
                 nostrum
                 à
                 jure
                 &
                 legibus
                 quam
                 à
                 parentibus
                 :
              
               and
               you
               may
               account
               him
               a
               Prophane
               Person
               who
               
                 despiseth
                 his
                 Birth-right
              
               given
               him
               by
               the
               Law.
               And
               pity
               any
               one
               who
               speaking
               of
               his
               Property
               ,
               doth
               not
               know
               this
               to
               be
               the
               meaning
               of
               it
               ,
               namely
               that
               
                 it
                 is
                 the
                 highest
                 Right
                 he
                 hath
                 or
                 can
                 have
                 to
                 any
                 thing
                 ,
                 and
                 which
                 is
                 no
                 way
                 depending
                 upon
                 another
                 man's
                 Court●…e
                 .
              
               And
               consider
               ,
               that
               as
               you
               have
               a
               Property
               in
               your
               Chattels
               and
               Hereditaments
               ,
               so
               you
               have
               in
               your
               Religion
               .
            
             
               Think
               often
               with
               honour
               of
               our
               Ancestors
               ,
               who
               by
               so
               many
               Acts
               of
               Parliament
               ,
               and
               lawful
               Canons
               and
               Constitutions
               since
               the
               Refo●…mation
               ,
               provided
               for
               the
               securing
               your
               Property
               in
               your
               Religion
               ;
               and
               remember
               how
               binding
               the
               very
               declarative
               Laws
               about
               it
               are
               .
            
             
               Cast
               your
               Eye
               with
               Pleasure
               about
               the
               Realm
               ,
               and
               see
               if
               you
               can
               find
               any
               one
               who
               fears
               that
               any
               one
               will
               ever
               move
               in
               Parliament
               for
               leave
               to
               bring
               in
               any
               Bill
               to
               take
               away
               the
               least
               part
               of
               your
               Property
               in
               your
               Religion
               .
               But
               then
               consider
               how
               Savage
               a
               thing
               it
               is
               in
               any
               to
               take
               excessive
               delight
               in
               the
               Execution
               of
               Penal
               Laws
               .
               
                 Ferus
                 est
                 qui
                 fruitur
                 paenâ
              
               :
               and
               remember
               too
               that
               your
               Prince
               hath
               a
               Property
               in
               the
               Executive
               part
               of
               the
               Law
               ,
               and
               in
               distributive
               Justice
               and
               in
               shewing
               Mercy
               .
               And
               when
               you
               hear
               any
               one
               telling
               you
               of
               a
               
                 Snake
                 in
                 the
                 grass
              
               of
               the
               Prince's
               dispensing
               with
               Penal
               Laws
               ,
               and
               that
               therefore
               there
               may
               be
               danger
               of
               your
               Prince's
               dispensing
               in
               Laws
               that
               are
               leneficial
               ;
               you
               may
               tell
               him
               of
               the
               notorious
               Non-sequitur
               ,
               and
               that
               you
               have
               a
               Property
               in
               not
               being
               punish'd
               ,
               and
               in
               having
               the
               benefit
               of
               the
               Rule
               as
               to
               favourable
               Statutes
               ,
               being
               made
               more
               so
               by
               interpretation
               :
               
                 Favores
                 sunt
                 ●…mpliandi
              
               ,
               and
               on
               the
               contrary
               as
               to
               Penal
               ones
               that
               
                 odiosa
                 restringi
                 convenit
              
               .
               And
               so
               to
               any
               such
               impertinent
               Objecter
               you
               may
               say
               that
               the
               voice
               or
               sound
               of
               his
               Snake
               ,
               and
               the
               Goose
               are
               all
               one
               .
            
             
               But
               consider
               that
               since
               you
               have
               so
               much
               cause
               to
               depend
               on
               the
               glorious
               and
               consummate
               justice
               inherent
               in
               the
               nature
               of
               our
               great
               Monarch
               for
               his
               defending
               you
               in
               the
               security
               of
               all
               the
               Declaratory
               Acts
               of
               Parliament
               that
               maintain
               your
               very
               Property
               in
               your
               Religion
               ;
               both
               Iustice
               and
               Common
               Ingenuity
               call
               upon
               you
               to
               own
               his
               Power
               of
               Dispensing
               (
               and
               even
               with
               disability
               )
               for
               which
               I
               have
               shewn
               you
               so
               many
               clear
               and
               incontestable
               declarative
               Iudgments
               of
               Parliament
               ,
               and
               shall
               direct
               you
               to
               more
               when
               we
               meet
               again
               .
            
             
               And
               let
               me
               tell
               you
               that
               you
               ought
               to
               have
               the
               greater
               tenderness
               for
               this
               Prerogative
               of
               our
               Prince
               ;
               for
               that
               in
               his
               Administration
               of
               it
               ,
               he
               hath
               in
               some
               Points
               shewn
               a
               greater
               tenderness
               to
               his
               Laws
               and
               People
               then
               our
               Princes
               since
               the
               Reformation
               have
               done
               .
               You
               may
               remember
               I
               shew'd
               you
               how
               Queen
               Elizabeth
               and
               King
               Iames
               did
               by
               their
               Authority
               out
               of
               
                 Parliament
                 MAKE
              
               things
               Penal
               by
               Disability
               that
               were
               not
               so
               by
               any
               Law
               in
               being
               ,
               and
               therefore
               you
               may
               the
               less
               wonder
               when
               you
               see
               your
               Prince
               dispensing
               with
               it
               ,
               and
               thereby
               preventing
               the
               Punishment
               of
               it
               ,
               and
               sometimes
               and
               in
               some
               Cases
               pardoning
               it
               .
            
          
           
             
               A.
               
            
             
               I
               shall
               carefully
               take
               notice
               of
               all
               these
               Matters
               wherein
               you
               have
               caution'd
               me
               :
               but
               am
               here
               occasionally
               on
               the
               account
               of
               some
               things
               you
               said
               about
               the
               Interpretation
               and
               the
               Acquittal
               from
               Penalties
               in
               the
               
                 Queen's
                 Admonition
              
               being
               perpetuated
               by
               their
               being
               declared
               good
               in
               Parliament
               ,
               
               to
               ask
               you
               if
               you
               do
               not
               account
               that
               Dispensations
               or
               such
               Interpretations
               of
               the
               Prince
               by
               his
               own
               single
               Authority
               ,
               may
               be
               made
               to
               continue
               good
               in
               following
               Reigns
               ?
            
          
           
             
               B.
               
            
             
               I
               do
               not
               in
               the
               least
               doubt
               but
               they
               may
               ;
               and
               I
               shall
               hereafter
               evince
               the
               thing
               to
               you
               :
               but
               shall
               at
               present
               out
               of
               a
               
                 Manuscript
                 Report
              
               I
               have
               of
               the
               great
               Case
               of
               Thomas
               and
               Sorrell
               ,
               tell
               you
               that
               by
               one
               of
               the
               great
               Councel
               who
               argued
               in
               it
               ,
               it
               was
               asserted
               with
               great
               Learning
               ,
               
                 That
                 the
              
               Non-obstante
               
                 in
                 that
                 Case
                 remain'd
                 good
                 after
                 the
                 King's
                 death
                 .
                 That
                 tho
                 Acts
                 the
                 King
                 doth
                 in
                 his
                 Natural
                 Capacity
                 determine
                 by
                 his
                 death
                 ,
                 as
                 making
                 of
                 Iudges
                 ,
              
               &c.
               (
               
                 for
                 those
                 referr
                 to
                 his
                 Natural
                 Will
                 )
                 yet
                 things
                 done
                 in
                 his
                 Royal
                 Capacity
                 as
                 King
                 ,
                 do
                 not
                 determine
                 by
                 his
                 death
                 :
                 as
                 a
                 License
                 to
                 alien
                 in
                 Mortm●…in
                 ▪
                 in
                 one
                 King's
                 time
                 serves
                 in
                 anothers
                 ;
                 and
                 the
                 Reason
                 is
                 when
                 the
                 Subject
                 is
                 once
                 exempt
                 out
                 of
                 the
                 Restraint
                 of
                 the
                 Act
                 he
                 is
                 ever
                 exempt
                 ,
                 unless
                 the
                 Exemption
                 be
                 limited
                 ,
              
               Coke
               1.
               
               Inst.
               52.
               6.
               
               
                 If
                 the
                 Lessor
                 licence
                 his
                 Lessee
                 that
                 is
                 restrain'd
                 ,
                 by
                 Condition
                 not
                 to
                 Alien
                 ,
                 tho
                 the
                 Lessor
                 die
                 ,
                 the
                 licence
                 shall
                 serve
                 the
                 Lessee
                 to
                 alien
                 ,
                 and
                 is
                 not
                 determin'd
                 by
                 the
                 Lessor's
                 death
                 .
                 And
                 in
                 this
                 Point
                 he
                 cited
              
               Trin.
               2.
               
               Jac.
               C.
               B.
               Rot.
               2835.
               
               Wright
               versùs
               Radcliffe
               ,
               and
               Trin.
               2.
               
               Jac.
               Norris
               v.
               Mason
               .
               C.
               B.
               
                 as
                 Cases
                 adjudged
                 in
                 this
                 point
                 .
              
            
             
               And
               I
               shall
               then
               shew
               you
               how
               the
               same
               thing
               was
               then
               by
               others
               asserted
               :
               but
               you
               may
               now
               for
               this
               purpose
               remember
               how
               the
               instances
               I
               have
               given
               you
               of
               Queen
               Elizabeth's
               Parliaments
               approving
               and
               declaring
               to
               be
               good
               ,
               what
               she
               did
               of
               this
               kind
               ,
               and
               the
               instances
               of
               what
               others
               of
               our
               Princes
               did
               by
               their
               own
               Authority
               and
               out
               of
               Parliament
               being
               valid
               ,
               and
               being
               afterward
               approved
               in
               Parliament
               ,
               have
               supported
               the
               extent
               of
               the
               Regal
               Authority
               of
               this
               kind
               ,
               as
               to
               point
               of
               time
               .
            
             
               But
               because
               according
               to
               the
               Rule
               of
               
                 Unumquodque
                 dissolvitur
                 eo
                 modo
                 quo
                 colligatur
                 ,
              
               many
               Indulgences
               ,
               and
               Injunctions
               and
               Dispensations
               being
               revocable
               by
               Kings
               themselves
               and
               by
               their
               Successors
               ,
               and
               because
               declaratory
               Acts
               of
               Parliament
               cannot
               be
               
               repeal'd
               but
               by
               other
               Acts
               ,
               common
               Prudence
               doth
               suggest
               it
               to
               all
               to
               endeavour
               the
               perpetuating
               to
               themselves
               by
               the
               Legislative
               Power
               what
               they
               account
               beneficial
               .
               And
               if
               you
               will
               ,
               you
               may
               use
               the
               term
               of
               having
               it
               confirm'd
               by
               that
               Power
               ;
               that
               is
               ,
               if
               you
               will
               allow
               it
               to
               have
               been
               
                 firm
                 before
              
               ,
               you
               may
               call
               it
               confirm'd
               by
               the
               Prince
               ,
               and
               the
               three
               Estates
               afterward
               enacting
               it
               ,
               and
               making
               its
               firmness
               perpetual
               .
               And
               this
               is
               the
               thing
               I
               aim'd
               at
               in
               what
               you
               might
               take
               for
               a
               Criticism
               when
               I
               said
               ,
               
                 that
                 the
              
               39
               
                 Articles
                 owed
                 no
                 Confirmation
                 nor
                 Authority
                 to
                 the
                 Act
                 of
                 the
                 13th
                 of
              
               Eliz.
               
            
          
           
             
               A.
               
            
             
               I
               know
               the
               reason
               of
               your
               cautious
               speaking
               here
               about
               a
               tender
               Point
               .
               You
               accounting
               even
               every
               Declaratory
               Judgment
               of
               Parliament
               for
               our
               Religion
               to
               be
               a
               Treasure
               ,
               and
               having
               often
               said
               that
               you
               would
               allow
               some
               Roman-Catholicks
               to
               mock
               on
               in
               calling
               our
               Religion
               a
               Parliamentary
               Religion
               ,
               did
               (
               I
               judge
               )
               design
               to
               do
               honour
               to
               our
               Religion
               as
               well
               as
               to
               our
               Prince's
               ,
               in
               shewing
               that
               it
               was
               here
               orderly
               establish'd
               by
               God's
               Vicegerents
               ,
               before
               it
               was
               by
               the
               Deputies
               of
               the
               People
               ,
               or
               the
               
                 Magnates
                 Regni
              
               .
            
          
           
             
               B.
               
            
             
               You
               guess
               right
               at
               my
               meaning
               in
               this
               way
               to
               salve
               Phaenomena
               .
               And
               if
               you
               will
               look
               on
               a
               Book
               Printed
               in
               Oxford
               ,
               A.
               1645.
               entituled
               
                 Parliaments
                 Power
                 in
                 Laws
                 for
                 Religion
                 ,
                 or
                 an
                 Answer
                 to
                 that
                 old
                 and
                 groundless
                 Calumny
                 of
                 the
                 Papists
                 nick-naming
                 the
                 Religion
                 of
                 the
                 Church
                 of
              
               England
               
                 by
                 the
                 name
                 of
                 a
                 Parliamentary
                 Religion
                 ,
              
               &c.
               you
               will
               find
               the
               Fact
               in
               this
               Point
               clearly
               deduced
               through
               the
               course
               of
               our
               Laws
               and
               Constitutions
               in
               a
               long
               
                 series
                 temporum
              
               from
               the
               Reign
               of
               Harry
               the
               8th
               downward
               ,
               and
               for
               the
               honour
               of
               our
               Kings
               and
               of
               the
               Church
               and
               the
               Reformation
               ;
               and
               the
               measures
               I
               have
               taken
               in
               our
               discourse
               have
               been
               suitable
               to
               those
               of
               the
               judicious
               and
               learned
               Author
               of
               that
               Book
               .
            
          
           
             
             
               A.
               
            
             
               Well
               Sir
               :
               we
               have
               had
               a
               great
               deal
               of
               frank
               Discourse
               ,
               and
               I
               will
               now
               take
               the
               freedom
               to
               put
               one
               Question
               more
               to
               you
               .
               You
               have
               entertain'd
               me
               with
               the
               several
               Interpretations
               of
               our
               Oath
               ,
               and
               have
               shew'd
               me
               how
               the
               obligatoriness
               of
               them
               all
               hath
               been
               perpetuated
               :
               and
               you
               have
               likewise
               ▪
               salved
               the
               Phaenomena
               in
               the
               Iustice
               of
               the
               Government
               as
               to
               the
               Laws
               
                 in
                 terrorem
              
               .
               But
               you
               know
               the
               Story
               of
               one
               who
               being
               Lord
               of
               a
               place
               did
               leave
               a
               Pit
               long
               open
               too
               near
               the
               High-way
               ,
               and
               who
               at
               Night
               erected
               Lights
               about
               it
               to
               prevent
               its
               being
               mischievous
               :
               and
               he
               afterward
               ,
               hearing
               that
               sometimes
               poor
               Blind
               men
               who
               were
               Travellers
               fell
               into
               it
               and
               that
               at
               other
               times
               by
               various
               accidents
               the
               Lights
               were
               not
               helpful
               to
               other
               Passengers
               ,
               as
               being
               took
               away
               ,
               or
               going
               out
               too
               soon
               ;
               and
               he
               therefore
               at
               last
               very
               fairly
               removed
               both
               his
               Nuisance
               and
               Lights
               together
               .
               And
               now
               may
               it
               hot
               be
               wish'd
               that
               the
               Prince
               and
               the
               three
               Estates
               would
               remove
               the
               Laws
               about
               our
               Oaths
               and
               the
               Interpretations
               too
               ,
               and
               so
               likewise
               all
               the
               Laws
               
                 in
                 terrorem
              
               ,
               (
               among
               which
               I
               suppose
               you
               reckon
               the
               Test-Acts
               )
               at
               which
               so
               many
               have
               taken
               offence
               ?
            
          
           
             
               B.
               
            
             
               You
               may
               easily
               guess
               that
               till
               we
               have
               both
               of
               us
               at
               another
               meeting
               discours'd
               of
               the
               Obligation
               resulting
               from
               the
               Promissory
               part
               of
               the
               Oath
               ,
               I
               will
               not
               engage
               your
               thoughts
               in
               any
               matter
               of
               Controverfie
               that
               may
               in
               the
               least
               perplex
               them
               .
               But
               as
               soon
               as
               we
               have
               fully
               discours'd
               that
               ,
               I
               shall
               frankly
               give
               you
               my
               thoughts
               at
               large
               relating
               to
               the
               question
               about
               Repealing
               of
               the
               Test-Acts
               in
               a
               Parliamentary
               manner
               :
               but
               do
               at
               present
               wholly
               forbear
               to
               mention
               what
               I
               think
               thereof
               .
               And
               I
               have
               before
               told
               you
               my
               judgment
               of
               the
               likelihood
               of
               the
               continuance
               of
               our
               great
               Oath
               as
               a
               great
               luminary
               that
               may
               perhaps
               enlighten
               our
               English
               World
               in
               the
               measures
               of
               Loyalty
               to
               the
               end
               of
               time
               ;
               and
               as
               I
               have
               told
               you
               the
               Oath
               giveth
               no
               offence
               to
               the
               Considerate
               ,
               so
               I
               will
               hope
               none
               will
               be
               taken
               at
               it
               .
            
             
               But
               I
               must
               here
               tell
               you
               ,
               that
               I
               have
               a
               greater
               veneration
               for
               the
               Oath
               ,
               because
               I
               look
               on
               the
               serious
               Consideration
               of
               the
               assertory
               part
               of
               it
               as
               likely
               to
               be
               very
               Instrumental
               in
               allaying
               the
               ferment
               we
               have
               been
               speaking
               of
               .
            
          
           
             
               A.
               
            
             
               God
               grant
               it
               may
               be
               so
               .
            
          
           
             
               B.
               
            
             
               You
               remember
               what
               I
               hinted
               to
               you
               about
               the
               Clause
               whereby
               you
               
                 testify'd
                 and
                 declared
                 that
                 the
                 King
                 is
                 the
                 only
                 Supreme
                 Governor
                 of
                 this
                 Realm
                 as
                 well
                 in
                 all
                 Spiritual
                 or
                 Ecclesiastical
                 things
                 or
                 Causes
                 as
                 Temporal
                 ,
              
               (
               and
               from
               whence
               it
               follow'd
               by
               way
               of
               natural
               Consequence
               ,
               that
               
                 no
                 foreign
                 Prince
              
               ,
               &c.
               
                 hath
                 any
                 Iurisdiction
                 within
                 this
                 Realm
                 )
              
               being
               the
               Corner-stone
               on
               which
               the
               great
               
                 And
                 therefore
                 ,
                 I
              
               mean
               ,
               
                 your
                 forsaking
                 foreign
                 Iurisdiction
              
               was
               built
               .
               And
               I
               assure
               you
               that
               the
               same
               
                 first
                 Declaration
              
               doth
               bind
               you
               to
               the
               like
               AND
               THEREFORE
               to
               renounce
               the
               belief
               of
               any
               Power
               on
               Earth
               being
               able
               to
               dissolve
               your
               King
               's
               right
               of
               Commanding
               your
               Obedience
               ,
               and
               your
               Obligation
               to
               obey
               him
               .
            
             
               And
               indeed
               if
               I
               had
               produced
               to
               you
               no
               Iudgment
               of
               Parliament
               for
               the
               purpose
               I
               have
               done
               but
               that
               which
               is
               contain'd
               in
               the
               assertory
               part
               of
               the
               Oath
               ,
               (
               and
               which
               is
               unanimously
               interpreted
               by
               Divines
               and
               Lawyers
               ,
               as
               expressive
               of
               the
               King
               's
               right
               
                 jure
                 naturae
              
               to
               Command
               the
               Obedience
               of
               all
               his
               Subjects
               )
               it
               might
               have
               sufficiently
               satisfy'd
               you
               therein
               :
               and
               if
               at
               our
               next
               meeting
               you
               will
               have
               me
               dilate
               more
               on
               what
               our
               Lawyers
               have
               said
               about
               the
               Point
               of
               the
               debt
               of
               our
               Natural
               allegiance
               ,
               I
               shall
               do
               it
               .
            
          
           
             
               A.
               
            
             
               Our
               great
               Lawyers
               Judgments
               in
               that
               Point
               being
               known
               may
               be
               variously
               useful
               ,
               and
               directive
               to
               the
               many
               illiterate
               and
               presumptuous
               Reflecters
               on
               the
               exercise
               of
               Prerogative
               ;
               and
               especially
               if
               so
               learned
               and
               so
               popular
               a
               Lawyer
               as
               Sir
               
                 Edward
                 Coke
              
               shall
               be
               by
               you
               further
               cited
               in
               such
               a
               Case
               .
               And
               so
               what
               you
               shall
               acquaint
               me
               with
               as
               from
               any
               such
               one
               of
               them
               shall
               be
               kindly
               welcome
               .
            
          
           
             
             
               B.
               
            
             
               What
               you
               have
               now
               said
               brings
               it
               into
               my
               mind
               how
               that
               Great
               popular
               Man
               Sir
               
                 Edward
                 Coke
              
               was
               cited
               for
               this
               purpose
               by
               that
               great
               popular
               Man
               Sir
               
                 William
                 Iones
              
               in
               his
               learned
               Argument
               in
               
                 Thomas
                 &
                 Dorcel's
                 Case
              
               ,
               and
               where
               he
               did
               so
               much
               right
               to
               the
               DISPENSATIVE
               Power
               .
            
          
           
             
               A.
               
            
             
               What
               ?
               Did
               Sir
               
                 William
                 Iones
              
               maintain
               the
               King's
               Power
               of
               Dispensing
               with
               Acts
               of
               Parliament
               ?
            
          
           
             
               B.
               
            
             
               Yes
               ,
               and
               (
               I
               believe
               )
               was
               never
               censured
               for
               so
               doing
               by
               any
               one
               .
            
          
           
             
               A.
               
            
             
               I
               pray
               tell
               me
               what
               was
               said
               by
               him
               in
               his
               Argument
               .
            
          
           
             
               B.
               
            
             
               Then
               according
               to
               the
               very
               Learned
               and
               Judicious
               and
               Candid
               
                 Manuscript
                 Report
              
               I
               have
               of
               the
               Case
               ,
               thus
               it
               was
               ,
               
                 Among
                 the
                 three
                 Points
                 made
                 ,
                 the
                 first
                 being
                 if
                 the
              
               Non-obstante
               
                 in
                 the
                 Patent
                 of
                 King
              
               James
               
                 was
                 good
                 against
                 the
                 Statute
                 of
              
               Edw.
               6.
               
               Jones
               
                 agreed
                 that
                 the
                 King
                 may
                 by
              
               Non-obstante
               
                 dispense
                 with
                 a
                 thing
                 Prohibited
                 by
                 Statute
                 if
                 the
                 thing
                 were
                 lawful
                 before
                 the
                 Statute
                 were
                 made
                 .
              
               And
               he
               afterward
               said
               ,
               that
               
                 a
                 Dispensation
                 to
                 one
                 and
                 his
                 Heirs
                 was
                 never
                 good
                 but
                 only
                 in
                 that
                 of
                 a
                 Sheriff
                 .
              
               2.
               
               H.
               7.
               6.
               
               
                 Grant
                 of
                 a
                 Shrievalty
                 in
                 fee
              
               Non-obstante
               
                 the
                 Statute
                 .
                 But
              
               Coke
               7.
               
               R.
               14.
               
               
                 Calvin's
                 Case
                 ;
                 the
                 Reason
                 of
                 that
                 is
                 because
                 the
                 King
                 hath
                 interest
                 to
                 have
                 the
                 Service
                 of
                 all
                 his
                 Subjects
                 by
                 the
                 Law
                 of
                 Nature
                 .
              
            
             
               And
               the
               truth
               is
               ,
               that
               on
               this
               noble
               and
               great
               Consideration
               it
               is
               that
               our
               Divines
               who
               have
               treated
               of
               the
               OATH
               of
               SUPREMACY
               have
               fix'd
               the
               reasonableness
               and
               intent
               of
               that
               Oath
               ,
               and
               of
               the
               
               King
               's
               having
               a
               right
               to
               Command
               the
               Obedience
               of
               all
               his
               Subjects
               ,
               upon
               the
               basis
               of
               the
               Law
               of
               Nature
               ,
               as
               well
               as
               on
               the
               Divine
               Law
               Positive
               .
               And
               thus
               too
               the
               style
               of
               the
               Acts
               of
               Parliament
               about
               the
               Oath
               of
               Allegiance
               runs
               ,
               and
               which
               Acts
               you
               may
               Consult
               if
               you
               want
               any
               more
               Iudgments
               of
               Parliament
               about
               the
               indissolubility
               of
               the
               King
               's
               right
               to
               Command
               the
               Obedience
               of
               the
               Subject
               ,
               and
               of
               the
               Subjects
               duty
               to
               obey
               ,
               before
               we
               meet
               again
               .
               The
               reasonableness
               of
               the
               words
               in
               that
               Oath
               contain'd
               in
               the
               Statute
               of
               3
               tio
               .
               Iacobi
               ,
               viz.
               Of
               
                 declaring
                 that
                 the
                 Pope
                 hath
                 no
                 Power
                 to
                 discharge
                 any
                 of
                 his
                 Majesty's
                 Subjects
                 of
                 their
                 Obedience
                 ,
              
               appears
               from
               its
               being
               call'd
               in
               that
               
                 Statute
                 
                   their
                   Natural
                   Obedience
                
                 .
              
               And
               
                 the
                 putting
                 in
                 Practice
                 the
                 perswading
                 or
                 withdrawing
                 any
                 of
                 the
                 King's
                 Subjects
                 from
                 their
                 Natural
                 Obedience
                 to
                 his
                 Majesty
                 ,
                 or
                 to
                 reconcile
                 them
                 to
                 the
                 Pope
                 or
                 See
                 of
                 Rome
              
               is
               there
               made
               Treason
               .
               We
               will
               speak
               more
               of
               other
               Statutes
               of
               this
               nature
               at
               our
               next
               meeting
               .
            
             
               And
               in
               the
               mean
               time
               let
               me
               observe
               to
               you
               how
               as
               in
               the
               Conjuncture
               of
               the
               Exclusion
               so
               many
               were
               infatuated
               as
               for
               fear
               of
               Popery
               to
               come
               ,
               to
               run
               upon
               the
               very
               
                 Court
                 of
                 Rome-Popery
              
               at
               present
               ,
               namely
               that
               of
               
                 Dominium
                 fundatur
                 in
                 Gratiâ
              
               ,
               so
               likewise
               many
               mens
               fear
               of
               the
               belief
               of
               perhaps
               some
               Religionary
               Tenets
               of
               Popery
               gaining
               ground
               for
               the
               future
               ,
               hath
               hunted
               them
               upon
               the
               Popery
               of
               thinking
               
                 that
                 Subjects
                 CAN
                 in
                 part
                 ,
                 or
                 in
                 whole
                 be
                 discharged
                 from
                 their
                 Natural
                 Obedience
                 to
                 their
                 Prince
                 .
              
            
          
           
             
               A.
               
            
             
               I
               thank
               you
               Sir
               ,
               for
               suggesting
               that
               to
               me
               :
               for
               the
               truth
               is
               the
               tenet
               of
               thinking
               it
               lawful
               so
               to
               discharge
               Subjects
               from
               such
               their
               
                 Natural
                 Obedience
              
               ,
               is
               the
               very
               
                 odiosa
                 materia
              
               charged
               by
               so
               many
               on
               the
               Councel
               of
               Lateran
               .
            
          
           
             
               B.
               
            
             
               You
               say
               right
               .
               But
               however
               let
               me
               occasionally
               advise
               you
               not
               to
               charge
               the
               odious
               matter
               in
               that
               Councel
               on
               the
               Communion
               of
               the
               Church
               of
               Rome
               .
               For
               I
               shall
               tell
               you
               that
               the
               great
               Writers
               of
               our
               Church
               did
               after
               the
               real
               Plot
               of
               the
               Gun-Powder-Treason
               pursue
               such
               noble
               Methods
               of
               Christian
               Charity
               ,
               as
               with
               an
               intent
               of
               improving
               the
               Principles
               of
               Loyalty
               and
               Allegiance
               among
               all
               our
               Roman-Catholick
               Countrymen
               ,
               to
               endeavour
               to
               prove
               with
               all
               their
               Learning
               that
               the
               Decrees
               of
               that
               Councel
               obliged
               no
               Papist
               in
               point
               of
               Conscience
               .
               King
               Iames
               in
               his
               Works
               
               calls
               it
               but
               
                 a
                 Pretended
                 Councel
              
               ,
               and
               Dr.
               Donne
               in
               his
               Pseudo-Martyr
               endeavours
               to
               prove
               it
               no
               Councel
               .
            
             
               Moreover
               Bishop
               Bilson
               in
               his
               learned
               Works
               for
               maintaining
               the
               Oath
               of
               Supremacy
               ,
               saith
               that
               
                 Nothing
                 was
                 Concluded
                 in
                 the
                 Councel
                 of
              
               Lateran
               .
               I
               have
               here
               on
               the
               Table
               his
               Book
               call'd
               ,
               
                 The
                 Difference
                 between
                 Christian
                 Subjection
                 ,
                 and
                 Un-christian
                 Rebellion
                 ,
              
               Printed
               A.
               1586
               ,
               in
               which
               his
               Learned
               and
               Iudicious
               Assertions
               and
               Explications
               of
               the
               Regal
               Supremacy
               ,
               and
               of
               our
               Moral
               Offices
               to
               defend
               the
               same
               are
               comprised
               :
               and
               there
               in
               Part
               3.
               p.
               6.
               you
               will
               find
               what
               he
               saith
               of
               the
               Lateran
               Councel
               .
            
          
           
             
               A.
               
            
             
               I
               have
               not
               the
               Book
               ,
               and
               shall
               be
               glad
               I
               may
               borrow
               it
               from
               you
               ,
               that
               thereby
               I
               may
               have
               the
               better
               prospect
               of
               the
               Measures
               of
               our
               Divines
               in
               their
               Sense
               of
               the
               Assertory
               part
               of
               the
               
                 Oath
                 of
                 Supremacy
              
               ,
               as
               making
               the
               Rights
               of
               our
               Kings
               to
               Command
               the
               Services
               of
               all
               their
               Subjects
               ,
               to
               be
               indissoluble
               .
            
          
           
             
               B.
               
            
             
               I
               pray
               take
               it
               along
               with
               you
               .
               And
               I
               am
               the
               rather
               desirous
               you
               should
               do
               it
               ,
               because
               in
               this
               
                 Crooked
                 and
                 Perverse
                 Generation
              
               many
               who
               strain
               their
               Consciences
               by
               the
               inobservance
               of
               the
               Oath
               ,
               may
               be
               so
               vain
               as
               to
               fancy
               that
               others
               strain
               the
               Oath
               who
               endeavour
               (
               as
               I
               have
               done
               )
               to
               build
               the
               Right
               of
               our
               Kings
               to
               Command
               the
               Services
               of
               their
               Subjects
               ,
               on
               its
               so
               firm
               Foundation
               .
               He
               was
               trusted
               by
               the
               Government
               to
               write
               on
               the
               Subject
               of
               the
               Oath
               ,
               and
               so
               his
               Authority
               is
               of
               the
               more
               weight
               :
               and
               I
               shall
               here
               at
               parting
               read
               to
               you
               what
               he
               saith
               in
               Part
               2.
               p.
               183.
               where
               he
               so
               well
               insinuates
               it
               ,
               
                 that
                 the
                 Prince
                 can
                 freely
                 permit
                 ,
                 safely
                 defend
                 ,
                 generally
                 restrain
                 ,
                 and
                 externally
                 punish
                 within
                 the
                 Realm
                 :
              
               but
               in
               p.
               328.
               having
               spoke
               of
               the
               true
               
                 Supremacy
                 of
                 Princes
              
               ,
               he
               saith
               ,
               
                 This
                 is
                 the
                 Supremacy
                 which
                 we
                 attribute
                 to
                 Princes
                 ,
                 that
                 all
                 Men
                 within
                 their
                 Territories
                 should
                 obey
                 their
                 Laws
                 ,
                 or
                 abide
                 their
                 Pleasures
                 ,
                 and
                 that
                 no
                 man
                 on
                 Earth
                 hath
                 Authority
                 to
                 take
                 their
                 Swords
                 from
                 them
                 by
                 Iudicial
                 Sentence
                 ,
                 or
                 Martial
                 Violence
                 .
              
               And
               he
               there
               had
               before
               said
               in
               his
               Margin
               ,
               
                 the
                 Sword
                 of
                 Princes
                 is
                 Supreme
                 ,
                 in
                 that
                 it
                 is
                 not
                 Subject
                 to
                 the
                 Pope
                 ;
                 and
                 must
                 be
                 obey'd
                 of
                 all
                 in
                 things
                 that
                 are
                 good
                 .
              
               What
               he
               saith
               likewise
               in
               p.
               346.
               there
               is
               worth
               your
               reading
               ,
               where
               he
               makes
               the
               word
               Supreme
               to
               be
               
                 a
                 plain
                 and
                 manifest
                 deduction
                 out
                 of
                 the
                 13th
                 of
                 the
              
               Romans
               ,
               
                 Let
                 every
                 Soul
                 be
                 subject
                 to
                 the
                 Superior
                 Powers
                 .
                 If
                 all
                 Men
                 must
                 be
                 subject
                 to
                 them
                 ,
              
               ergo
               
                 they
                 are
                 Superior
                 to
                 all
                 :
                 and
                 Superior
                 to
                 all
                 is
                 Supreme
                 .
              
               He
               then
               thus
               goeth
               on
               in
               his
               Dialogue-way
               ,
               Phil
               ▪
               S.
               Paul
               
                 maketh
                 them
                 Superiors
                 over
                 all
                 Persons
                 ,
                 but
                 not
                 over
                 all
                 things
                 .
              
               Theop.
               
                 That
                 Distinction
                 is
                 ours
              
               ,
               (
               meaning
               Protestants
               )
               
                 not
                 yours
                 :
                 we
                 did
                 ever
                 interpret
                 Supreme
                 for
                 Superior
                 to
                 all
                 men
                 within
                 their
                 Dominions
                 .
              
               Phil.
               
                 And
                 so
                 we
                 grant
                 them
                 to
                 be
                 but
                 not
                 in
                 all
                 things
                 .
                 For
                 in
                 Temporal
                 things
                 they
                 are
                 Superior
                 to
                 all
                 men
                 ,
                 in
                 Spiritual
                 they
                 are
                 not
                 .
              
               Theop.
               
                 That
                 restraint
                 comes
                 too
                 late
                 :
                 the
                 Holy
                 Ghost
                 charging
                 you
                 to
                 be
                 subject
                 to
                 them
                 simply
                 without
                 addition
                 .
                 It
                 passeth
                 your
                 reach
                 to
                 limit
                 in
                 what
                 things
                 you
                 will
                 ,
                 and
                 in
                 what
                 things
                 you
                 will
                 not
                 be
                 subject
                 .
              
               And
               he
               there
               saith
               ,
               
                 Out
                 of
                 all
                 Question
                 where
                 Princes
                 may
                 by
                 God's
                 Law
                 Command
                 ,
                 all
                 men
                 must
                 obey
                 them
                 not
                 only
                 for
                 fear
                 of
                 wrath
                 ,
                 but
                 for
                 Conscience
                 sake
                 .
              
               To
               this
               purpose
               too
               he
               asserts
               the
               Supremacy
               in
               the
               following
               
                 Page
                 :
                 All
                 men
                 are
                 bound
                 to
                 be
                 subject
                 to
                 the
                 Sword
                 in
                 all
                 things
                 ,
                 be
                 they
                 Temporal
                 or
                 Spiritual
                 ,
                 not
                 only
                 by
                 Suffering
                 ,
                 but
                 also
                 by
                 Obeying
                 :
                 but
                 with
                 this
                 Caution
                 ,
                 that
                 in
                 things
                 that
                 are
                 good
                 and
                 agreeable
                 to
                 the
                 Law
                 of
                 God
                 ,
                 the
                 Sword
                 must
                 be
                 obey'd
                 ,
                 in
                 things
                 that
                 are
                 otherwise
                 ,
                 it
                 must
                 be
                 endured
                 .
              
               At
               the
               same
               rate
               you
               will
               find
               him
               writing
               in
               his
               
                 Third
                 Part
              
               ,
               p.
               7.
               
               
                 The
                 Word
                 of
                 God
                 bindeth
                 you
                 to
                 obey
                 Princes
                 ,
                 the
                 words
                 of
                 men
                 cannot
                 loose
                 you
                 .
              
               But
               if
               you
               will
               there
               take
               notice
               of
               the
               fire
               of
               his
               Zeal
               breaking
               into
               a
               flame
               at
               the
               thoughts
               of
               the
               
                 displacing
                 of
                 Princes
                 from
                 their
                 Thrones
                 ,
              
               and
               of
               the
               discharging
               
               
                 of
                 the
                 People
                 from
                 the
                 Oath
                 and
                 Obedience
                 toward
                 Princes
                 ,
              
               he
               saith
               that
               
                 they
                 who
                 will
                 go
                 to
                 that
                 ,
                 turn
                 Religion
                 into
                 Rebellion
                 ,
                 Patience
                 into
                 Violence
                 ,
                 Words
                 into
                 Weapons
                 ,
                 Preaching
                 into
                 Fighting
                 ,
                 Fidelity
                 into
                 Perjury
                 ,
                 Subjection
                 into
                 Sedition
                 ,
                 and
                 instead
                 of
                 the
                 Servants
                 of
                 God
                 ,
                 which
                 they
                 might
                 be
                 by
                 enduring
                 ,
                 they
                 become
                 the
                 Soldiers
                 of
                 Satan
                 by
                 resisting
                 the
                 Powers
                 which
                 God
                 hath
                 ordain'd
                 .
              
            
          
           
             
               A.
               
            
             
               I
               thank
               God
               I
               am
               a
               Member
               of
               the
               Church
               of
               England
               that
               may
               value
               it self
               not
               only
               on
               its
               Doctrine
               of
               NON-RESISTANCE
               ,
               but
               on
               its
               DOCTRINE
               of
               
                 Positive
                 ASSISTANCE
                 and
                 DEFENCE
                 
                   of
                   all
                   Iurisdictions
                   ,
                   Privileges
                   ,
                   Pre-eminences
                   and
                   Authorities
                   granted
                   or
                   belonging
                   to
                   the
                   King
                
              
               ,
               &c.
               
                 or
                 united
                 and
                 annex'd
                 to
                 the
                 Imperial
                 Crown
                 of
                 this
                 Realm
                 .
              
            
          
           
             
               B.
               
            
             
               And
               how
               from
               this
               great
               Promissory
               part
               of
               our
               Oath
               ,
               our
               Obligation
               to
               assist
               and
               defend
               the
               
                 Iurisdiction
                 ,
                 Privilege
                 ,
                 Pre-eminence
                 and
                 Authority
              
               of
               the
               Dispensative
               Power
               in
               particular
               ,
               
                 granted
                 or
                 belonging
                 to
                 the
                 King
                 ,
                 and
                 united
                 and
                 annex'd
                 to
                 the
                 Imperial
                 Crown
                 of
                 this
                 Realm
              
               doth
               arise
               ,
               we
               will
               at
               our
               next
               meeting
               consider
               ,
               and
               when
               I
               will
               likewise
               shew
               you
               that
               the
               Prerogative
               royal
               is
               a
               part
               of
               the
               
                 Lex
                 terrae
              
               .
            
          
        
         
           The
           End
           of
           the
           Second
           PART
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A54581-e27100
           
             1370.
             
             
               Ex
               Rot.
               Parl.
               in
               turr
               .
               L●…nd
               .
               in
            
             45.
             
             
               Ed.
               tertii
            
             .
          
           
             Iustifiables
             in
             the
             French
             originals
             .
             Quaere
             ,
             Whether
             not
             able
             todo
             justice
             ,
             or
             not
             to
             be
             juststify'd
             in
             their
             Employment
             as
             improper
             for
             it
             .